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 Appellate Division, holding that the borough's supplemental zoning ordinance prohibiting motels in residential districts was a valid legislative classification and not arbitrary or capricious. Accordingly, the plaintiffs were not entitled to a building permit for a motel in District A. The Court emphasized deference to municipal zoning judgments absent a showing of unreasonableness. Justice Hehek dissented, arguing that the ordinance was ultra vires and violated due process.