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TOWN OF KEARNY v. MODERN TRANSPORTATION CO.

116 N.J. Super. 526 (1971)

283 A.2d 119

TOWN OF KEARNY, PLAINTIFF-RESPONDENT, v. MODERN TRANSPORTATION CO. AND ANTHONY MIELE, JR., DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided October 28, 1971.

Attorney(s) appearing for the Case

Mr. Julius B. Poppinga argued the cause for appellants (Messrs. McCarter & English, attorneys; Mr. Joseph Irenas and Mr. John Drosdick, on the brief).

Mr. Lawrence P. Brady, Jr. argued the cause for respondent.

Before Judges LEWIS, KOLOVSKY and HALPERN.

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

Appellants were convicted in the Kearny Municipal Court of using the premises at 75 Jacobus Avenue, in Kearny, as a tank storage farm for human sewage, without first obtaining a certificate of occupancy. On their appeal to the Hudson County Court, after a trial de novo on the record below, they were again convicted of the same offense. They appeal from the judgment of conviction entered in the County...

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