Rubenstein v. Township of Cranford

Feller, J. C. C.

(temporarily assigned). Plaintiff commenced this action in lieu of prerogative writs and in the first count of the complaint alleges that the adoption of ordinance Uo. 59-7 by the Cranford Township Committee on June 23, 1959 was defective and is utterly void and ineffective in that, in violation of R. 8. 40:55-35 (as amended by L. 1948, c. 305), the said ordinance was not first submitted to the planning board for consideration and report as to its approval or disapproval or suggestions thereon before the adoption of said ordinance.

Defendant denies the contentions of the…