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MAYOR & TP. COMM. SO. BRUNSWICK TP. v. COVINO

142 N.J. Super. 493 (1976)

362 A.2d 51

MAYOR AND TOWNSHIP COMMITTEE OF SOUTH BRUNSWICK TOWNSHIP AND SOUTH BRUNSWICK TOWNSHIP, A MUNICIPAL CORPORATION OF NEW JERSEY, PLAINTIFFS-RESPONDENTS, v. ALPHONSO COVINO AND VERA COVINO, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided June 17, 1976.

Attorney(s) appearing for the Case

Messrs. Pincus & Gordon, attorneys for defendants-appellants.

Messrs. Seiffert, Frisch, Gruber & Cafferty, attorneys for plaintiffs-respondents.

Before Judges LYNCH, LARNER and HORN.

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

This litigation was instituted in 1968 seeking a mandatory injunction to enforce a municipal ordinance which requires an owner to undertake various protective steps in connection with a nonoperating mine. Apparently, efforts to settle the litigation proved futile and the matter finally went to trial in August 1975.

During the pendency of this litigation...

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