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SOCIETY FOR ANIMAL RIGHTS, INC. v. TOWNSHIP OF MAHWAH

138 N.J. Super. 322 (1975)

350 A.2d 544

SOCIETY FOR ANIMAL RIGHTS, INC., ANIMALS IN DISTRESS, INC., LUCKY HOLLOW ANIMAL WELFARE SOCIETY, INC., CUMBERLAND COUNTY DISTRICT SPCA, INC., CATS AND CAT OWNERS AID, INC., NOAH'S ARK ANIMAL WELFARE ASS'N., INC., HUDSON COUNTY DISTRICT SPCA, INC., OCEAN COUNTY DISTRICT SPCA, INC., GENEVIEVE SANTA LUCIA, MARTIN WILLIAMS, GENEVIEVE MODRYS, NICHOLETTA DEFLECE, ANNA LEUTHNER AND RENA CAVERLY, PLAINTIFFS, v. THE TOWNSHIP OF MAHWAH, THE BOROUGH OF ALPINE, THE BOROUGH OF BERGENFIELD, THE BOROUGH OF BOGOTA, THE BOROUGH OF HO-HO-KUS, AND THE TOWNSHIP OF LYNDHURST, (MUNICIPAL CORPORATIONS OF THE STATE OF NEW JERSEY) AGAINST ALL OF THEM AND ALL OTHERS SIMILARLY SITUATED; AND ALSO AGAINST THE TOWN OF KEARNY AND THE TOWN OF GUTTENBERG, (MUNICIPAL CORPORATIONS OF THE STATE OF NEW JERSEY) AND AGAINST ALL OF THEM AND ALL OTHERS SIMILARLY SITUATED; AND ALSO AGAINST U-MAIN ANIMAL CENTER, ASSOCIATED ADOPTION AND RESCUE AGENCY, MODERN ANIMAL CARE, GI-GI KENNELS AND ALFRED GROHSMAN, AND ALL OTHERS SIMILARLY SITUATED, DEFENDANTS, v. COMMUNITY DOG CONTROL, INC., DEFENDANT-INTERVENOR.

Superior Court of New Jersey, Law Division.

Decided December 9, 1975.

Attorney(s) appearing for the Case

Mr. John N. Malyska (Messrs. Meyner, Landis & Verdon, attorneys), and Nancy Stassinopoulos, pro hac vice, for plaintiffs.

Mr. Samuel M. Lyon for defendant Borough of Ho-Ho-Kus (Ms. Sandra Spizziri on the brief).

Mr. E. Carter Corriston for defendant Township of Mahwah (Messrs. Breslin and Breslin, attorneys).

Mr. Gabriel M. Ambrosio for defendants Township of Lyndhurst, U-Main Animal Center, Associated Adoption and Rescue Agency, and Alfred Grohsman (Messrs. Ambrosio & Ambrosio, attorneys).

Mr. Norman A. Doyle for defendant Town of Kearny (Messrs. Doyle and Brady, attorneys).

Mr. John Thomasin for defendant Town of Guttenberg (Mr. William J. Perich on the brief).

Mr. Harvey R. Sorkow for defendant The Borough of Bergenfield (Messrs. Gruen, Sorkow & Sorkow, attorneys).

Mr. Robert C. Littman for defendant Gi-Gi Kennels.

Mr. Gregory S. Baxter for defendant-intervenor Community Dog Control, Inc. (Messrs. Saling, Moore, O'Mara & Coogan, attorneys).

PRESSLER, J.C.C., Temporarily Assigned.

Plaintiffs, a group of nonprofit societies for the humane care and treatment of animals (hereafter humane societies) and a group of individual residents and taxpayers of various municipalities of this State brought this declaratory judgment class action in lieu of prerogative writ against five commercial dog pounds and seven named municipalities as representatives of all municipalities in the State. The relief which plaintiffs...

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