ROSELLE v. TP. OF MAPLEWOOD, 11 N.J. 373 (1953)

94 A.2d 665

PIETRO ROSELLE, CRESCENT J. ROSELLE, ARTHUR ROSELLE AND LOUIS ROSELLE, A PARTNERSHIP DOING BUSINESS UNDER THE TRADE NAME OF PETER ROSELLE SONS, PLAINTIFFS-RESPONDENTS, v. THE TOWNSHIP OF MAPLEWOOD AND TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MAPLEWOOD, DEFENDANTS-APPELLANTS.

Supreme Court of New Jersey.Argued February 2, 1953 —
Decided February 2, 1953.

Appeal from Superior Court, Law Division.

Page 374

Mr. Emanuel P. Scheck argued the cause for the appellants (Messrs. Osborne, Cornish Scheck, attorneys).

Mr. Samuel A. Larner appeared for the respondents (Messrs. Budd Larner, attorneys).

The defendant appealed from the judgment of the Law Division of the Superior Court setting aside the resolution of the defendant denying the plaintiffs a scavenger license for 1952. The defendant contends that the plaintiffs have not complied with the terms of its ordinance requiring them to produce a disposal site outside of Maplewood “guaranteed for the period of the license.”

At the oral argument it developed that the defendant had granted the plaintiffs a license for 1953 with respect to the same disposal site it disputes in the pending litigation.

After conference of the court the opinion of the court was delivered by VANDERBILT, C.J. (orally).

The court is of the opinion that the issues raised are moot, both as to 1952 and 1953.

So that the parties may be under no misapprehension we would observe, on the merits, that the question raised in reference to the lease given to the plaintiff by the Town of Kearny seems to us to be without substance.

The appeal accordingly is dimissed.

For dismissal — Chief Justice VANDERBILT, and Justices HEHER, OLIPHANT, WACHENFELD, BURLING, JACOBS and BRENNAN — 7.

Opposed — None.

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