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WALLINGTON HOME OWNERS ASS'N v. BOR. OF WALLINGTON

130 N.J. Super. 461 (1974)

327 A.2d 669

WALLINGTON HOME OWNERS ASSOCIATION, AN UNINCORPORATED ASSOCIATION, AND ANDREW P. VASCO, PLAINTIFFS-RESPONDENTS, v. BOROUGH OF WALLINGTON, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-APPELLANT, AND JAMES NUCKEL, INTERVENOR-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 25, 1974.

Attorney(s) appearing for the Case

Mr. Marvin Olick argued for appellant (Messrs. Gruen, Sorkow and Sorkow, attorneys).

Mr. Malcolm Blum argued for respondents (Messrs. Sirota, Carlton & Blum, attorneys).

Mr. Lawrence G. Goodman argued for intervenor (Messrs. Goodman, Stoldt & Breslin, attorneys; Mr. Allen M. Bell on the brief).

Before Judges COLLESTER, LYNCH and MICHELS.

PER CURIAM.

This is an appeal by defendants Borough of Wallington (Borough) and James Nuckel (Nuckel) from a portion of a judgment declaring that an amendment to the Borough's zoning ordinance, which created a "Planned Commercial" (P-C.) zone for an area of undeveloped land, was invalid because it constituted "spot zoning" and did not meet the statutory purposes of zoning set forth in N.J.S.A. 40:55-32.

The property involved is known as "Roehr's Tract...

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