Supreme Court of New Jersey

Township of Washington, in the County of Bergen

May 5, 195826 N.J. 578

Summary

The Supreme Court of New Jersey affirmed the lower court's judgment that the Township of Washington's elevated water tower violated the zoning ordinance of the Borough of Ho‑Ho‑Kus and that Ridgewood's exercise of its authority was unreasonable and arbitrary. The court held that Ridgewood's own zoning ordinance permits the tank, but the Ho‑Ho‑Kus ordinance applies and Ridgewood was not exempt from it. Accordingly, the judgment ordering dismantlement was affirmed and the case remanded for further proceedings.