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CEDAR PARK CEMETERY v. HAYES

132 N.J. Super. 572 (1975)

334 A.2d 386

CEDAR PARK CEMETERY, A NON-PROFIT CORPORATION, PLAINTIFF, v. BERNARD HAYES, BOROUGH OF PARAMUS, A MUNICIPAL CORPORATION, CEMETERY BOARD, STATE OF NEW JERSEY, AND ATTORNEY GENERAL, STATE OF NEW JERSEY, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided February 28, 1975.

Attorney(s) appearing for the Case

Mr. George A. Vaccaro for plaintiff Cedar Park Cemetery (Messrs. Vaccaro, Osborne & Curran, attorneys; Mr. William Boorstein, of counsel).

Mr. Joseph S. DiMaria for defendants Bernard Hayes and Borough of Paramus.

Mr. Michael E. Goldman, Deputy Attorney General for defendants Cemetery Board and Attorney General (Mr. William F. Hyland, Attorney General of New Jersey, attorney).

SMITH, HARVEY J.C.C., Temporarily Assigned.

On February 7, 1974 the board of trustees of Cedar Park Cemetery adopted a resolution authorizing construction of a mausoleum on existing cemetery property in the Borough of Paramus. Plans and specifications were prepared for a structure large enough to hold more than 5300 crypts. A sales force was established and immediately launched a full scale "pre-need" sales campaign. Promotional literature was printed and disseminated...

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