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TP. OF SPARTA v. SPILLANE

125 N.J. Super. 519 (1973)

312 A.2d 154

THE TOWNSHIP OF SPARTA, IN THE COUNTY OF SUSSEX, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. LAWRENCE SPILLANE, ROY CONIGIOONE, JOHN DECKER, ARTHUR E. WALTERS, AND MARSHALL JOHNSON, DEFENDANTS-APPELLANTS. TOWNSHIP OF MOUNT OLIVE, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, AND RICHARD I. MIDGETTE, GEORGE D. SWANSON, ANN L. MADDEN, WALTER LATA AND DANIEL F. LEAHY, BEING THE COMMITTEE OF THE PETITIONERS, AND THE TOWNSHIP CLERK, GRACE HILPERT, PLAINTIFFS-APPELLANTS, v. LAKELAND INDUSTRIAL PARK, INC., A NEW JERSEY CORPORATION, AND AMUSEMENT CORPORATION OF AMERICA, A DELAWARE CORPORATION, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided October 25, 1973.

Attorney(s) appearing for the Case

Mr. Gerald B. Hanifan argued the cause for appellants Spillane et al. (A-371-72).

Mr. Frank L. Patti argued the cause for respondent Township of Sparta (A-371-72).

Mr. Herbert A. Vogel argued the cause for appellants Township of Mount Olive and Grace Hilpert, Township Clerk (Messrs. Vogel, Chait & Wacks, attorneys) (A-1616-72).

Mr. Richard B. Girdler argued the cause for appellants Midgette et al. (Messrs. Dunn and Infinito, attorneys; Messrs. Warren E. Dunn and Richard B. Girdler, on the brief) (A-1616-72).

Mr. Arnold M. Smith argued the cause for respondents Lakeland Industrial Park, Inc. et al. (A-1616-72).

Before Judges CARTON, SEIDMAN, and GOLDMANN.

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

The issue to be resolved in these appeals is whether the referendum procedure provided for in the Faulkner Act applies to an amendment to the zoning ordinance of a municipality which has adopted the provisions of that act. The Township of Sparta and Township of Mount Olive cases involve this identical issue. Consequently they will be considered together, although they have not been formally consolidated.<...

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