Legal Opinion

MAYOR, & C., OF ALPINE BOROUGH v. Brewster

Supreme Court of New Jersey

Decided April 16, 1951PublishedCited by 60 opinions

1Opinion of the Court

The opinion of the court was delivered by

Hei-iee, J.

The plaintiff municipality sues in equity to restrain uses of land and buildings alleged to be in contravention of the local zoning ordinance; and the essential question is whether such relief may be had under' R. S. 40 :55-47.

The equity division of the Superior Court dismissed the complaint before answer made on the ground that the acts thereby laid to defendants, singly or together, do not constitute a nuisance, and the court was without jurisdiction to enforce the zoning ordinance by the injunctive process at the instance of the…

2Cases cited11 opinions

  1. Mugler v. KansasSupreme Court of the United States · 1887
  2. In Re DebsSupreme Court of the United States · 1895
  3. Eilenbecker v. District Court of Plymouth CountySupreme Court of the United States · 1890
  4. Town of Burlington v. DunnMassachusetts Supreme Judicial Court · 1945
  5. Commonwealth v. ParksMassachusetts Supreme Judicial Court · 1892

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3Cited by60 opinions

  1. State, Dept. of Environ. Protect. v. Ventron Corp.Supreme Court of New Jersey · 1983
  2. In Re Lead Paint LitigationSupreme Court of New Jersey · 2007
  3. Lett v. CaromileSupreme Court of Rhode Island · 1986
  4. Mayor and Council v. Klockner & KlocknerDistrict Court, D. New Jersey · 1993
  5. Kreimer v. Bureau of Police for the Town of MorristownCourt of Appeals for the Third Circuit · 1992

55 more not listed; retrieve them via the Exa API.

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