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TAXPAYERS ASSN., WEYMOUTH TP. v. WEYMOUTH TP.

125 N.J. Super. 376 (1973)

311 A.2d 187

THE TAXPAYERS ASSOCIATION OF WEYMOUTH TOWNSHIP, INC., ET AL., PLAINTIFFS-APPELLANTS, v. WEYMOUTH TOWNSHIP, A MUNICIPAL CORPORATION, SIDNEY SIMON, T/A WEYMOUTH PARK ASSOCIATION, AND M & M LAND CO., A CORPORATION OF N.J., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided October 30, 1973.

Attorney(s) appearing for the Case

Mr. Morton Feldman argued the cause for appellants.

Mr. Clement F. Lisitski argued the cause for respondent Weymouth Township (Messrs. Shapiro, Brotman, Eisenstat & Capizola, attorneys).

Mr. Ronald I. Bloom argued the cause for respondents Sidney Simon and M & M Land Co. (Messrs. Finn, Rimm and Bloom, attorneys; Mr. Marvin N. Rimm, on the brief).

Before Judges KOLOVSKY, FRITZ and CRANE.

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

Plaintiffs appeal from a judgment which rejected their attack on the validity of portions of two ordinances adopted by defendant township, designated respectively as ordinances 171 and 172 of 1971.

The challenged section of ordinance 171, adopted on July 7, 1971 as an amendment of the township's zoning ordinance, reads as follows:

Section 2 — Block 86, Lots 1, 2 and 3, shall be rezoned...

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