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JOHNSON v. TOWNSHIP OF MONTVILLE

109 N.J. Super. 511 (1970)

264 A.2d 75

JAMES J. JOHNSON AND MARY B. JOHNSON, HIS WIFE, AND CURTIS DECKER AND THERESA DECKER, HIS WIFE, PLAINTIFFS-APPELLANTS, v. TOWNSHIP OF MONTVILLE, A MUNICIPAL CORPORATION OF NEW JERSEY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided April 9, 1970.

Attorney(s) appearing for the Case

Mr. Jeffrey R. Lowe argued the cause for plaintiffs-appellants.

Mr. Harry L. Sears argued the cause for defendant-respondent (Messrs. Young & Sears, attorneys; Mr. Lawrence K. Eismeier, on the brief).

Before Judges KILKENNY, LABRECQUE and LEONARD.

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

Plaintiffs challenge a judgment of the Law Division affirming the validity of an amendment to the zoning ordinance of the Township of Montville rezoning a tract of approximately 450 acres in that municipality from an A-3 residential zone to a D-3 industrial zone. They raise three points: (1) passage of the amendatory ordinance was by less than the two-thirds vote of the township committee required by N...

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