Supreme Court of New Jersey

State of New Jersey, Plaintiff-Appellant v. Dennis Baker, Defendant-Respondent

July 30, 197981 N.J. 99

Summary

The Supreme Court of New Jersey held that Plainfield's zoning ordinance prohibiting more than four unrelated individuals from sharing a single-family dwelling violates the state constitution and is therefore invalid, while affirming the ordinance's requirement that occupants constitute a single non‑profit housekeeping unit, which the Baker household satisfied. The Court affirmed the Appellate Division’s reversal of the convictions. Justice Mountain dissented, arguing the ordinance should be upheld and that the majority’s constitutional approach improperly limits legislative authority.