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FORTE v. THE BOROUGH OF TENAFLY

106 N.J. Super. 346 (1969)

255 A.2d 804

FRANK FORTE AND LOUISE B. FORTE, HIS WIFE, NICHOLAS D'IPPOLITO AND KATHERINE D'IPPOLITO, HIS WIFE, LEWIS D'IPPOLITO AND MADELINE D'IPPOLITO, HIS WIFE, JOSEPH LORENZO AND KATHERINE LORENZO, HIS WIFE, EDO BARZELATTO AND MARY-ANN BARZELATTO, HIS WIFE, AND HERWIN CENTERS, INC., PLAINTIFFS-RESPONDENTS, v. THE BOROUGH OF TENAFLY AND THE PLANNING BOARD OF TENAFLY, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided July 8, 1969.

Attorney(s) appearing for the Case

Mr. Donald W. DeCordova argued the cause for appellants (Messrs. Morrison, Lloyd and Griggs, attorneys).

Mr. C. Conrad Schneider argued the cause for respondents (Messrs. Schneider, Schneider, Behr & Carlton, attorneys).

Before Judges GAULKIN, COLLESTER and LABRECQUE.

The opinion of the court was delivered by GAULKIN, S.J.A.D.

Defendants (hereinafter Tenafly) appeal from a judgment declaring Tenafly's amended zoning ordinance unconstitutional insofar as it forbade the construction of a supermarket upon plaintiffs' lands.

Prior to August 1967, the zoning ordinance permitted such a use in the zone in which plaintiffs' lands were situated. arly in 1967 plaintiffs applied to...

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