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

Summary

The Supreme Court of New Jersey held that the 1954 amendment to New Providence's zoning ordinance, which barred retail commercial uses in the industrial zone, was arbitrary, capricious, and violated due process and equal protection. Accordingly, the lower court's judgment was reversed and the case remanded for further proceedings consistent with this conclusion. Justice Bbenman's dissent argued that the ordinance was a permissible exercise of police power and should be affirmed.