Supreme Court of New Jersey

Monmouth Lumber Company, a Body Corporate of the State of New Jersey, Plaintiff-Appellant v. Township of Ocean, a…

February 14, 19529 N.J. 64

Summary

The Supreme Court of New Jersey affirmed the lower court's dismissal, holding that the 1948 and 1949 zoning ordinances were valid exercises of the township's police power and that the township committee did not abuse its discretion in denying the variance. The court found the ordinances reasonable and consistent with statutory purposes, and it concluded that the plaintiff failed to show unreasonable burden. Justice Wachenfeld dissented, arguing that the ordinances were arbitrary and that the garage permit should be granted.