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BOULEVARD APTS., INC. v. MAYOR & COUN. OF LODI

110 N.J. Super. 406 (1970)

265 A.2d 838

BOULEVARD APARTMENTS, INC., PLAINTIFF-APPELLANT, v. MAYOR AND COUNCIL OF THE BOROUGH OF LODI, ETC., ET AL., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 8, 1970.

Attorney(s) appearing for the Case

Mr. Benedict Krieger argued the cause for appellant (Messrs. Krieger & Klein, attorneys).

Mr. John Di Maria argued the cause for respondents (Messrs. Carbonetti & Di Maria, attorneys).

Before Judges CONFORD, COLLESTER and KOLOVSKY.

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

This is an appeal by Boulevard Apartments, Inc. from a judgment of the Law Division upholding the validity of a resolution adopted by the Borough of Lodi which excluded garden-type apartment houses from receiving municipal garbage collection service.

Appellant is the owner of a garden-type apartment house complex consisting of six two-story buildings containing a total of 108 family units. Each building...

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