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 trial court's summary judgment, holding that the use of the Graessle property as a group home for handicapped children does not violate the restrictive covenants limiting structures to dwelling houses nor the borough's zoning ordinance restricting single‑family dwellings. The Court reasoned that the covenants are strictly construed and regulate only the type of structure, not occupancy, and that the state agency is immune from the zoning provisions, which were also found invalid as overly restrictive. A dissent argued that the operation is an institutional use that violates the neighborhood scheme and should be enjoined.