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GARDEN STATE FARMS, INC. v. MAYOR LOUIS BAY II

146 N.J. Super. 438 (1977)

370 A.2d 37

GARDEN STATE FARMS, INC., PLAINTIFF-APPELLANT, AND STATE OF NEW JERSEY, DEPARTMENT OF TRANSPORTATION, DIVISION OF AERONAUTICS, PLAINTIFF-RESPONDENT, v. MAYOR LOUIS BAY II, COMMISSIONER HAROLD FLOYD AND COMMISSIONER ARTHUR A. BROKAW OF THE BOROUGH OF HAWTHORNE, JULES BOUBLIS, JOSEPH ROONEY, JOHN SOTNECK, PAUL ELWOOD, JOSEPH PSOTA AND THE BOROUGH OF HAWTHORNE, A MUNICIPALITY OF THE STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided January 5, 1977.

Attorney(s) appearing for the Case

Mr. Herman M. Jeffer argued the cause for plaintiff-appellant, Garden State Farms, Inc. (Messrs. Jeffer, Walter, Tierney, De Korte, Hopkinson & Vogel, attorneys).

Mr. Jeffrey M. Hall, Deputy Attorney General, argued the cause for plaintiff-respondent, State of New Jersey, Department of Transportation, Division of Aeronautics (Mr. William F. Hyland, Attorney General, attorney, Mrs. Erminie Conley, Deputy Attorney General, of counsel).

Mr. Robert J. Passero argued the cause for defendants-respondents (Messrs. Raff & Passero, attorneys).

Before Judges HALPERN, BOTTER and KOLOVSKY.

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

Plaintiff Garden State Farms, Inc. (Garden State), which desires to maintain a helistop on its vacant land in Hawthorne, appeals from a judgment dismissing its complaint. The complaint had sought an adjudication that an amendment to the Hawthorne zoning ordinance which prohibited the use of any land and buildings in the municipality "for the purpose of accommodating...

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