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DOCK WATCH HOLLOW QUARRY PIT v. TP. OF WARREN

142 N.J. Super. 103 (1976)

361 A.2d 12

DOCK WATCH HOLLOW QUARRY PIT, INC., A NEW JERSEY CORPORATION, PLAINTIFF-RESPONDENT AND CROSS-APPELLANT, v. THE TOWNSHIP OF WARREN, DEFENDANT-APPELLANT AND CROSS-RESPONDENT AND THE TOWNSHIP OF BRIDGEWATER, DEFENDANT AND CROSS-RESPONDENT, AND THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT AND CROSS-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Remanded April 23, 1975.

Reargued September 11, 1975.

Decided May 6, 1976.

Attorney(s) appearing for the Case

Mr. J. Albert Mastro argued the cause for defendant-appellant and cross-respondent Township of Warren (Mr. Mastro, attorney; Mrs. Dolores A. Mastro on the brief).

Mr. Daniel F. O'Connell argued the cause for defendant and cross-respondent, Township of Bridgewater (Mr. William W. Lanigan. attorney).

Mr. Frederick C. Mezey argued the cause for plaintiff-respondent and cross-appellant (Messrs. Mezey & Mezey, attorneys; Mr. Harmon H. Lookhoff on the brief).

Mr. Michael S. Bokar, Deputy Attorney General, argued the cause for defendant-respondent and cross-respondent State of New Jersey (Mr. William F. Hyland, Attorney General of New Jersey, attorney; Mr. Stephen Skillman, Assistant Attorney General, of counsel).

Before Judges MICHELS, MORGAN and MILMED.

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

In this case we are called upon to consider the extent to which a municipality may regulate by ordinance adopted pursuant to the police power a previously declared nonconforming use of land.

Plaintiff Dock Watch Hollow Quarry Pit, Inc. (Dock Watch), the owner and operator of an open pit quarry located in Warren Township (township), brought the present action to invalidate an ordinance regulating quarries...

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