Bruce S. Berger and Fredericka Nolde Berger, His Wife, Robert B. Lewis and Margaret McE. Lewis, His Wife, John…

Summary

The Supreme Court of New Jersey affirmed the lower court's judgment, holding that the restrictive covenants in the deeds do not prohibit the operation of Graewill House as a group home for handicapped children, that the State is immune from the borough's zoning ordinance, and that the ordinance's definition of "family" is invalid as applied. The dissent argued that the facility is an institutional use that violates the neighborhood scheme.