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Roselle v. Township of Maplewood

New Jersey Supreme Court


Decided: February 2, 1953.

PIETRO ROSELLE, CRESCENT J. ROSELLE, ARTHUR ROSELLE AND LOUIS ROSELLE, A PARTNERSHIP DOING BUSINESS UNDER THE TRADE NAME OF PETER ROSELLE & SONS, PLAINTIFFS-RESPONDENTS,
v.
THE TOWNSHIP OF MAPLEWOOD AND TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MAPLEWOOD, DEFENDANTS-APPELLANTS

On appeal from a judgment of the Superior Court, Law Division, to the Appellate Division, certified by the Supreme Court on its own motion.

For dismissal -- Chief Justice Vanderbilt, and Justices Heher, Oliphant, Wachenfeld, Burling, Jacobs and Brennan. Opposed -- None.

[11 NJ Page 374]

The defendant appealed from the judgment of the Law Division of the Superior Court setting aside the resolution of the defendant denying the plaintiffs a scavenger license for 1952. The defendant contends that the plaintiffs have not complied with the terms of its ordinance requiring them to produce a disposal site outside of Maplewood "guaranteed for the period of the license."

At the oral argument it developed that the defendant had granted the plaintiffs a license for 1953 with respect to the same disposal site it disputes in the pending litigation.

After conference of the court the opinion of the court was delivered by

VANDERBILT, C.J. (orally). The court is of the opinion that the issues raised are moot, both as to 1952 and 1953.

So that the parties may be under no misapprehension we would observe, on the merits, that the question raised in reference to the lease given to the plaintiff by the Town of Kearny seems to us to be without substance.

The appeal accordingly is dimissed.

19530202


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