Opinion
Argued October 13, 1964 —
Decided October 19, 1964.
Before Judges CONFORD, KILKENNY and LEWIS.
Mr. Thomas P. Calligy argued the cause for appellants.
Mr. Daniel F. Gilmore, Assistant Hudson County Counsel, argued the cause for plaintiffs-respondents ( Mr. William F. Kelly, Jr., Hudson County Counsel, attorney).
Mr. William Gottlieb argued the cause for respondents ( Mr. E. Norman Wilson, City Attorney, filed a statement in lieu of brief for City of Hoboken; Mr. Otmar J. Pellet, of counsel).
Mr. James D. Checki, Jr. argued the cause for interveners-respondents and cross-appellants.
The judgment of the Law Division is affirmed for the reasons stated in the opinion of Judge Artaserse, Theurer v. Borrone, 81 N.J. Super. 188 ( Law Div. 1963).
On the cross-appeal of the intervening taxpayers concerning assessment of costs, the order of the trial judge is affirmed, there being no showing of mistaken exercise of discretion in relation to the determination thereon.
No costs on the cross-appeal. Costs on the main appeal to go as of course.