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MAYOR & COUNCIL OF TOWN OF KEARNY v. CLARK

213 N.J. Super. 152 (1986)

516 A.2d 1126

THE MAYOR & COUNCIL OF THE TOWN OF KEARNY, HENRY J. HILL, ROLAND BOGGIO, GEORGE MC LAUGHLIN, RICHARD NAPRAWA, ROSEMARY ROBERTSON, KENNETH LINDENFELSER, BARBARA THOMPSON, DANIEL SANSONE & PETER MC INTYRE, INDIVIDUALLY AND AS RESIDENTS AND TAXPAYERS OF HUDSON COUNTY, PLAINTIFFS-APPELLANTS, v. EDWARD CLARK, HUDSON COUNTY EXECUTIVE, THE BOARD OF CHOSEN FREEHOLDERS OF HUDSON COUNTY, GERALDO MORALES AND LONNIE KILLINGSWORTH, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided October 16, 1986.

Attorney(s) appearing for the Case

Norman A. Doyle, Jr. argued the cause for appellants Mayor and Council of Kearny (Norman A. Doyle, Jr., attorney).

Arthur G. Williamson, Assistant County Counsel, argued the cause for Edward Clark, Hudson County Executive, The Board of Chosen Freeholders of Hudson County, (Joseph V. Kealy, Jr., Acting County Counsel, attorney).

Howard Moskowitz argued the cause for Intervenors-Respondents Morales and Killingsworth (Howard Moskowitz, attorney).

Before Judges ANTELL, LONG and D'ANNUNZIO.

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

Plaintiffs brought this action against the Hudson County Executive and Board of Freeholders seeking to enjoin them from purchasing land in Kearny for the purpose of constructing a jail thereon. Plaintiffs allege that the presence of a jail on the site in question would violate Kearny's zoning ordinance, that the county's proposed action violates the provisions of the County Correctional Policy Act of 1982...

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