Supreme Court of New Jersey

Herman W. Fischer, Plaintiff-Respondent v. Township of Bedminster, in the County of Somerset, a Municipal…

November 20, 19505 N.J. 534

Summary

The Supreme Court of New Jersey held that the thirty‑day statutory limitation on challenging a zoning ordinance is unconstitutional, that the plaintiff need not obtain a variance or exhaust administrative remedies before attacking the ordinance’s validity, and that the interlocutory order denying summary judgment was properly appealable; consequently the lower court's denial of summary judgment was affirmed.