Katobimar Realty Company and William J. Thompson, Plaintiffs-Appellants v. Robert A. Webster, Building Inspector of…

Summary

The Supreme Court of New Jersey reversed the lower court and remanded the case, holding that the 1954 amendment to the Borough of New Providence zoning ordinance prohibiting retail commercial uses in the industrial zone was an unreasonable, arbitrary, and capricious exercise of police power that violated due process and equal protection. The Court reasoned that the amendment lacked a rational relation to public health, safety, or welfare and thus was void as applied to the plaintiffs' property. The decision was contested by a dissenting opinion that would have affirmed the ordinance.