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Witt v. Borough of Maywood

New Jersey Superior Court, Appellate Division


February 10, 2000

DENNIS WITT AND LYNN WITT, INDIVIDUALLY AND AS MEMBERS OF MAYWOOD PROPERTY OWNERS ASSOCIATION, PLAINTIFFS-APPELLANTS,
V.
BOROUGH OF MAYWOOD, DEFENDANT-RESPONDENT,
AND
COMMERCE BANK, DEFENDANT/INTERVENOR-RESPONDENT.

Before Judges Pressler, Landau and Ciancia.

The opinion of the court was delivered by: Per Curiam

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted January 25, 2000

On appeal from Superior Court of New Jersey, Law Division, Bergen County, whose opinion is reported at ___ N.J. Super. ___ (Law Div. 2000).

Plaintiffs Dennis Witt and Lynn Witt, individually and as members of Maywood Property Owners Association appeal from paragraphs one and two of a final judgment dated June 30, 1998 that dismissed with prejudice the consolidated complaints in Witt v. Borough of Maywood, Docket No. L-7444-96 and Witt v. Borough of Maywood, Docket No. L-2481-97. The dismissed complaints challenged the validity of a re-zoning ordinance and an exchange of easement ordinance adopted by the Borough.

Upon review of the arguments raised on appeal, we affirm, substantially for the reasons set forth by Judge Jonathan Harris in his comprehensive opinion reported at ___ N.J. Super. ___ (Law Div. 2000).

20000210


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