Devlin v. Mayor & Council

O’HERN, J.,

dissenting.

Since, as the majority indicates, “[t]he issue to be decided is virtually identical to that decided today in Mack Paramus Co. v. Mayor and Council of the Borough of Paramus, 103 N.J. 564 (1986),” ante at 588, I dissent in this case for the same reasons set forth in my dissenting opinion in Mack Paramus Co. See 103 N.J. at 564-587.

For reversal — Chief Justice WILENTZ, and Justices CLIFFORD, HANDLER and POLLOCK — 4.

For affirmance — Justices O’HERN and GARIBALDI — 2.