Opinion
Argued February 23, 1977 —
Decided March 9, 1977.
Appeal from the Superior Court, Law Division.
Before Judges LYNCH, MILMED and ANTELL.
Mr. John N. Malyska argued the cause for appellants ( Messrs. Meyner, Landis Verdon, attorneys).
Mr. Kevin W. Funabashi argued the cause for respondent Township of Mahwah ( Messrs Breslin Breslin, attorneys).
Mr. Gregory S. Baxter argued the cause for respondent and cross-appellant Community Dog Control, Inc. ( Messrs. Saling, Gassert O'Mara, attorneys).
Mr. Norman A. Doyle, Jr. argued the cause for respondent and cross-appellant Town of Kearny.
Mr. Gabriel M. Ambrosio argued the cause for respondent Township of Lyndhurst ( Messrs. Ambrosio Ambrosio, attorneys).
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).
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.