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CARTON v. TINTON FALLS

177 N.J. Super. 404 (1981)

426 A.2d 1056

J. VICTOR CARTON: JAMES D. CARTON, JR.: J. GERARD CARTON: ROBERT V. CARTON: THOMAS F. KIELY: WILLIAM R. KIELY, JR.; JOHN F. KIELY, JR.; J. VICTOR CARTON, ROBERT V. CARTON AND F. EUGENE CALAFATO, TRUSTEES OF THE LAST WILL AND TESTAMENT OF JOHN F. KIELY, DECEASED, PLAINTIFF-APPELLANTS, v. THE MAYOR AND COUNCIL OF THE BOROUGH OF TINTON FALLS, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided February 19, 1981.

Attorney(s) appearing for the Case

Robert V. Carton argued the cause for appellants (Carton, Nary, Witt & Arvanitis, attorneys).

Arnold B. Levin argued the cause for respondents.

Before Judges MICHELS, KOLE and ARD.

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

Pursuant to N.J.S.A. 40:43-26 appellants petitioned the mayor and council of the Borough of Tinton Falls to adopt a resolution consenting to the deannexation of a tract of land from the borough. The appellants constitute 100% of the ownership of said lands. Their ultimate goal is to petition the mayor and township committee of the Township of Neptune to annex said lands; however, before doing so, they must...

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