Fred v. Mayor and Council, Old Tappan Borough

The opinion- of the court was delivered by

Vanderbilt, C. J.

The plaintiff landowners instituted this action in the Law Division of the Superior Court to test the validity of an ordinance of the defendant borough regulating the removal-of soil from lands within its confines. Erom the judgment of that court sustaining the ordinance the plaintiffs took an appeal to the Appellate Division of the Superior Court which we have certified here on' our own motion.

Two questions are presented on this appeal: does a municipality have the authority to enact an ordinance regulating the removal of soil, and…