Supreme Court of New Jersey

Alphonse Pierro and Frank Pierro, Plaintiffs-Respondents v. William H. Baxendale, Building Inspector of the Borough…

November 21, 195520 N.J. 17

Summary

The Supreme Court of New Jersey reversed the lower court, holding that the borough's supplemental zoning ordinance prohibiting motels throughout Palisades Park is a valid exercise of police power and not arbitrary or capricious; therefore the plaintiffs are not entitled to a building permit. Justice Hehek dissented, arguing that the ordinance is ultra vires and should be struck down.