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TOWNSHIP OF HANOVER v. MORRISTOWN

135 N.J. Super. 529 (1975)

343 A.2d 792

TOWNSHIP OF HANOVER, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY; TOWNSHIP OF MORRIS, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY; BOROUGH OF FLORHAM PARK. A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY; A. STEWART DUNFORD; THOMAS E. KENNEY; MARTIN B. MONROE; JOSEPH ELSMAN; JOHN E. FLAHERTY; NORMAN S. WEINBERGER, PLAINTIFFS-APPELLANTS, v. THE TOWN OF MORRISTOWN, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, AND THE MORRISTOWN AIRPORT COMMISSION, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided July 30, 1975.

Attorney(s) appearing for the Case

Mr. Harry L. Sears argued the cause for appellants (Messrs. Young & Sears, attorneys; Mr. Christopher H. Falcon on the brief).

Mr. Edward F. Broderick, Jr., argued the cause for respondents (Messrs. Broderick & Grather, attorneys).

Mr. Walter F. Waldau argued the cause for amici curiae National Business Aircraft Association and Air Transport Association of America (Messrs. Stryker, Tams & Dill, attorneys; Mr. John J. Rizzo on the brief).

Before Judges MICHELS, MORGAN and MILMED.

PER CURIAM.

Plaintiffs appeal from a judgment in the Chancery Division which vacated the following paragraphs of its prior judgment in this action:

C. Having determined from the evidence that the wind rose patterns at the Morristown Airport indicate that the prevailing winds favor the utilization of Runway 5-23 approximately ninety percent of the time, it is directed that after the completion of the extension of said runway, that the preferential runway at...

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