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ALLENDALE NURSING HOME, INC. v. BOR. OF ALLENDALE

149 N.J. Super. 286 (1977)

373 A.2d 714

ALLENDALE NURSING HOME, INC., A CORPORATION OF NEW JERSEY, ET AL., PLAINTIFFS-RESPONDENTS, v. BOROUGH OF ALLENDALE, A MUNICIPAL CORPORATION OF NEW JERSEY, ET AL., DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided April 27, 1977.

Attorney(s) appearing for the Case

Mr. David B. Bole argued the cause for appellants (Messrs. Winne & Dooley, attorneys).

Mr. C. Conrad Schneider argued the cause for respondents (Messrs. Schneider, Schneider & Behr, attorneys).

Before Judges HALPERN, ALLCORN and BOTTER.

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

A reading of the provisions of N.J. Const. (1947), Art. IV, § VII, par. 9 makes plain that it has no application here. Nonetheless, in our view the ordinance under review is invalid as an improper exercise of its power by the municipality.

Except where otherwise properly and legally empowered, a municipality is authorized to exercise its...

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