For the prosecutor, William V. Rosenkrans.
For the respondent, Walter G. Winne.
Before Brogan, Chief Justice, and Justices Case and Perskie.
The opinion of the court was delivered by
BROGAN, CHIEF JUSTICE. The writ before us brings up for review a certain resolution of the governing body of the borough of Allendale, in Bergen county, New Jersey, which
denied a petition filed by the prosecutor to amend the zoning ordinance of the borough. The return includes the ordinance itself, the petition to amend same, the resolution denying that petition, and the depositions taken by the parties.
The prosecutor sought, by the petition, to have the zoning ordinance amended so that a particular parcel of land owned by it might be used for business purposes.
The property in question is zoned for residential use and fronts on a state highway (route 2) which, at this locality, runs through part of the easterly end of the borough of Allendale. The parcel has a highway frontage of two hundred and thirty-five feet, a depth of one hundred and fifty feet, and will be a corner plot if and when a "proposed" street is laid out at the southerly side of the plot. The total highway frontage within the confines of the borough, on the east and west side of route 2, amounts to about one thousand three hundred and fifty feet.
Prior to the building of the state highway (route 2), the lands of the prosecutor fronted on Wilson road, which road runs in a general northeasterly direction, dividing the borough of Allendale from the borough of Saddle River. In this particular area said route 2 passes through Saddle River, which lies to the east of Allendale, and continues northerly, passing through but a small part of the borough of Allendale, thence on through the borough of Ramsey, to the north. Running as it does in a general northerly direction, it crosses Wilson road, which runs to the northeast, at an angle which we estimate at about thirty degrees or less, with the result that there is but nine hundred feet of land within the borough of Allendale, fronting on the westerly side of route 2, and four hundred and fifty feet of land fronting on the highway on the easterly side.
Were we to pass upon the testimony in the depositions, which we have carefully examined, our conclusion would be that the action of the municipal authorities, in declining to amend the ordinance in question, was entirely justified, but this we think is beside the point because of the view ...