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Kozesnik v. Township of Montgomery

New Jersey Supreme Court


Decided: June 1, 1959.

FRANCIS J. KOZESNIK ET ALS., PLAINTIFFS-APPELLANTS,
v.
TOWNSHIP OF MONTGOMERY ET ALS., DEFENDANTS-RESPONDENTS

On appeal from the Superior Court, Law Division.

For affirmance -- Chief Justice Weintraub, and Justices Burling, Jacobs, Francis, Proctor and Schettino. For reversal -- None.

Per Curiam

[29 NJ Page 585]

In Kozesnik v. Montgomery Tp., 24 N.J. 154 (1957), an amendment to the zoning ordinance was declared invalid because of specific infirmities therein described. The township thereafter adopted another amendment free of those infirmities, and that amendment is the subject of the present litigation. The trial court sustained the ordinance. Before us plaintiffs assert the township officials failed to explore and to give sufficient consideration to the legislative issues involved. We agree with the trial court that there is no substance to the attack.

The judgment is accordingly affirmed.

19590601


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