CIBA-GEIGY CORP. v. DOVER TP.


230 N.J. Super. 317 (1988)

553 A.2d 398

CIBA-GEIGY CORPORATION, PLAINTIFF, v. TOWNSHIP OF DOVER AND MAYOR AND TOWNSHIP COMMITTEE OF TOWNSHIP OF DOVER, DEFENDANTS. and SAMUEL REICH, BERTA REICH AND ROSA SINGER, PLAINTIFFS, v. TOWNSHIP OF DOVER AND MAYOR AND TOWNSHIP COMMITTEE OF TOWNSHIP OF DOVER, DEFENDANTS.

Superior Court of New Jersey, Law Division Ocean County.

Decided December 6, 1988.


Attorney(s) appearing for the Case

William J. Wolf (Bathgate, Wegener, Wouters & Neumann, attorneys) and Frederick A.O. Schwarz, Jr. pro hac vice (Cravath, Swaine & Moore, attorneys) for plaintiff Ciba-Geigy Corporation.

Jonas Singer for plaintiffs Samuel Reich, Berta Reich and Rosa Singer (Wells & Singer, attorneys).

Edmund J. Corrigan and Francis Piscal for defendants Township of Dover and Mayor and Township Committee of Township of Dover.

Edward F. Liston, Jr. for amicus curiae Ocean County Citizens for Clean Water (Carluccio & Liston, attorneys).


SERPENTELLI, A.J.S.C.

Plaintiffs instituted actions in lieu of prerogative writs challenging an ordinance adopted by defendant rezoning plaintiffs' properties from Industrial, Rural Highway and Rural Residential designations to a Preservation-Reclamation zone. The court finds the ordinance is not a valid exercise of the zoning power.

The Ciba-Geigy (hereinafter Ciba) property consists of approximately 1,275 acres upon which it and its predecessor have operated...

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