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Midland Park Coal & Lumber Co. v. Terhune

New Jersey Supreme Court


Decided: September 3, 1948.

THE MIDLAND PARK COAL & LUMBER CO., INC., PROSECUTOR-APPELLANT,
v.
MAITLAND B. TERHUNE, BUILDING INSPECTOR OF THE VILLAGE OF RIDGEWOOD, THE BOARD OF ADJUSTMENT OF THE VILLAGE OF RIDGEWOOD, AND THE BOARD OF COMMISSIONERS OF THE VILLAGE OF RIDGEWOOD, RESPONDENTS-RESPONDENTS

On appeal from the Supreme Court, whose opinion is reported in 136 N.J.L. 442.

For the prosecutor-appellant, Chauncey A. Plyley.

For the respondents-respondents, William E. Reinhardt (Julian C. Harrison, of counsel).

[137 NJL Page 602]

PER CURIAM.

The judgment is affirmed, for the reasons expressed in the opinion below excepting that portion dealing with the authority to regulate by zoning the use of vacant lands in general. Since the land in dispute is to be used in conjunction with presently owned yards and buildings of the appellant, both premises are regarded as a unit and subject to the prevailing zoning restrictions.

For affirmance -- THE CHIEF JUSTICE, BODINE, HEHER, WACHENFELD, BURLING, JACOBS, WELLS, DILL, FREUND, McLEAN, JJ. 10.

For reversal -- THE CHANCELLOR, SCHETTINO, JJ. 2.

19480903


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