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Midland Park Coal Lumber Co., Inc. v. Terhune

Court of Errors and Appeals
Sep 3, 1948
61 A.2d 76 (N.J. 1948)

Opinion

Submitted May 28, 1948 —

Decided September 3, 1948.

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).


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.


Summaries of

Midland Park Coal Lumber Co., Inc. v. Terhune

Court of Errors and Appeals
Sep 3, 1948
61 A.2d 76 (N.J. 1948)
Case details for

Midland Park Coal Lumber Co., Inc. v. Terhune

Case Details

Full title:THE MIDLAND PARK COAL LUMBER CO., INC., PROSECUTOR-APPELLANT, v. MAITLAND…

Court:Court of Errors and Appeals

Date published: Sep 3, 1948

Citations

61 A.2d 76 (N.J. 1948)
61 A.2d 76

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