Supreme Court of New Jersey
Francis J. Kozesnik and Lawrence E. Benson, Plaintiffs-Appellants v. Township of Montgomery and Minnesota Mining…
April 8, 195724 N.J. 154
Summary
The Supreme Court of New Jersey reversed the trial court judgments upholding the zoning amendments of Hillsborough and Montgomery townships, holding the limited industrial districts invalid as arbitrary spot zoning. The Court reasoned that the ordinances were not required to be based on a separate master plan, that the classification of a single industrial use was permissible only when justified, and that the Montgomery amendment functioned as an original ordinance requiring full compliance with statutory procedures. Justice Heher, in a concurring opinion, emphasized that the amendments primarily benefited a single corporate landowner and were therefore unreasonable.