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Society for Animal Rights Inc. v. Township of Mahwah

New Jersey Superior Court, Appellate Division


Decided: March 9, 1977.

SOCIETY FOR ANIMAL RIGHTS, INC., ET AL., PLAINTIFFS-APPELLANTS,
v.
THE TOWNSHIP OF MAHWAH, DEFENDANT-RESPONDENT, AND COMMUNITY DOG CONTROL, INC., AND TOWN OF KEARNY, DEFENDANTS-RESPONDENTS AND CROSS-APPELLANTS, AND THE BOROUGH OF BERGENFIELD, ET AL., DEFENDANTS-RESPONDENTS

On appeal from the Superior Court, Law Division, whose opinion is reported at 138 N.J. Super. 322.

Lynch, Milmed and Antell.

Per Curiam

[148 NJSuper Page 249] The judgment of the Law Division is affirmed substantially for the reasons stated in Judge Pressler's opinion reported at 138 N.J. Super. 322 (Law Div. 1975).

[148 NJSuper Page 250]

We note that in the trial judge's opinion the question of the viability of commercial contracts into which the Hudsontype municipalities have entered was reserved with leave granted to plaintiffs to move, if they so chose, with respect to any such contracts. 138 N.J. Super. at 342-343. Subsequent to Judge Pressler's opinion plaintiffs filed a stipulation waiving any right they may have to challenge such contracts. The issue is therefore no longer in the case.

19770309


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