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Township of Washington v. Village of Ridgewood

141 A.2d 308 (1958)

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Township of Washington v. Village of Ridgewood

New Jersey Supreme Court
141 A.2d 308 (1958)

DD

Facts

The village of Ridgewood (defendant) owned property on Van Emburgh Avenue (the site). The site was located partially within Ridgewood and partially within the borough of Ho-Ho-Kus (plaintiff). Although Ridgewood wanted to erect a water tank on the site, this was prohibited by Ho-Ho-Kus’s zoning ordinance. Nevertheless, Ho-Ho-Kus granted a variance allowing Ridgewood to erect a ground-level water tank. However, Ridgewood erected an elevated water tank on the site. Ridgewood could have erected a ground-level water tank but chose not to do so. Ho-Ho-Kus brought suit, contending that Ridgewood was required to remove the elevated water tank from the site. The superior court ordered Ridgewood to remove the tank. Ridgewood appealed.

Rule of Law

Issue

Holding and Reasoning (Weintraub, C.J.)

Concurrence (Heher, J.)

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