# Hutton Park Gardens v. Town Council

> Supreme Court of New Jersey · December 11, 1975 · 68 N.J. 543

URL: https://www.frixlaw.com/law-library/cases/7297452

## Case

- **Full name:** HUTTON PARK GARDENS, A PARTNERSHIP, PLAINTIFF-RESPONDENT, AND HUTTON LAFAYETTE APARTMENTS COMPANY AND ROCKLEDGE REALTY COMPANY, PLAINTIFFS-INTERVENORS v. TOWN COUNCIL OF THE TOWN OF WEST ORANGE AND THE TOWN OF WEST ORANGE, A MUNICIPAL CORPORATION, DEFENDANTS-APPELLANTS HARVEY J. COSDEN AND JACOB SCHNEIDER, SOLE TRUSTEES, TRADING AS WAYNE TERRACE APARTMENTS WILSON R. KAPLAN, TRADING AS WAYNE VILLAGE ESQUIRE ESTATES, INC., A NEW JERSEY CORPORATION POVERSHON CONSTRUCTION COMPANY, A NEW JERSEY CORPORATION, AND SOUTHFIELD HOMES, INC., A NEW JERSEY CORPORATION, ALL TRADING AS MANCHESTER VILLAGE v. TOWNSHIP OF WAYNE, A MUNICIPAL CORPORATION AND MUNICIPAL COUNCIL OF THE TOWNSHIP OF WAYNE, DEFENDANTS-RESPONDENTS
- **Court:** Supreme Court of New Jersey
- **Decided:** December 11, 1975
- **Citations:** 68 N.J. 543; 350 A.2d 1; 1975 N.J. LEXIS 165
- **Precedential status:** Published
- **Opinion:** Concurrence by Conpoed
- **Judges:** Ashman, Conpoed
- **Cited by:** 56 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7297452

## Opinion text

Conpoed, P. J. A. D.,
Temporarily Assigned (concurring). I join the court’s opinion except as to the references to public utility rate cases in connection with the matter of “fair return”. See my concurring opinion in Troy Hills Village v. Parsippany-Troy Hills, 68 N. J. 604 (1975).
Justice Clippoed joins in this concurring opinion.
Clippoed, J., and Conpoed, P. J. A. D., concurring in the result.
For reversal and remandment in Hutton Parle Gardens•— Chief Justice Hughes, Justices Mountain, Sullivan,
*576 Pashman, Clifford and Schreiber and Judge Conford —7.
For affirmance — None.
For affirmance and remandmmt in Cosden — Chief Justice Hughes, Justices Mountain, Sullivan, Pashman, Clifford and Schreiber and Judge Conford — 7.
For reversal — None.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7297452. Public record. Not legal advice.