The Town of Bloomfield, a Municipal Corporation in the County of Essex, Appellant v. New Jersey Highway Authority…

Summary

The Supreme Court of New Jersey held that the New Jersey Highway Authority is not subject to the Town of Bloomfield's zoning ordinance with respect to the construction of service areas along the Garden State Parkway, and therefore denied the town's injunction and declaratory relief. The Court based its decision on the statutory grant of immunity to the Authority and the public‑governmental nature of the highway project. The Court noted that no allegation of fraud, bad faith, or manifest abuse was made to challenge the Authority's site selection. Justice Vanderbilt, dissenting, argued that the service areas are proprietary functions and should be subject to local zoning.