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TRINITY CEMETERY ASS'N v. WALL TP.

784 A.2d 52 (2001)

170 N.J. 39

TRINITY CEMETERY ASSOCIATION, INC., Plaintiff-Respondent, v. The TOWNSHIP OF WALL (incorrectly designated as Mayor and Council of Wall, Monmouth County, New Jersey), Defendant-Appellant.

Supreme Court of New Jersey.

Decided November 8, 2001.

Attorney(s) appearing for the Case

William J. Wolf argued the cause for appellant (Bathgate, Wegener & Wolf, attorneys, Lakewood; Mr. Wolf and Michael M. DiCicco, on the briefs).

William Harla argued the cause for respondent (DeCotiis, Fitzpatrick, Gluck, Hayden & Cole, Teaneck, and Katz & Dougherty, Lawrenceville, attorneys, Mr. Harla and George T. Dougherty).

Nancy Costello Miller, Deputy Attorney General, argued the cause for amicus curiae, Attorney General of New Jersey (John J. Farmer, Jr., Trenton, attorney; Andrea M. Silkowitz, Assistant Attorney General, of counsel).

PER CURIAM.

This appeal presents two principal issues for resolution. The first is whether a municipality is preempted by the New Jersey Cemetery Act, N.J.S.A. 8A:1-1 to 12-6 (Cemetery Act), from adopting an ordinance rezoning property from cemetery to residential use after the New Jersey Cemetery Board has issued a certificate of authority permitting the property to be used for cemetery purposes subject only to the...

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