For the prosecutor, Goldstein & Goldstein.
For the defendants, Irwin Rubenstein.
Before Justices Case, Donges and Heher.
The opinion of the court was delivered by
DONGES, J. This writ of certiorari brings up for review an ordinance adopted October 25th, 1938, by the Board of Commissioners of the town of West New York, restricting in the area described therein the erection of apartment houses over two and one-half stories high and designed and used for more than three families. Prior to the adoption of the ordinance the area involved was a Residence Zone "B" area, wherein buildings of the character for which prosecutor seeks
a permit were allowed. The area affected by the ordinance in question consisted of "all those certain lots fronting on the easterly side of Hudson Boulevard" for its entire length within the municipality.
On May 25th, 1938, prosecutor submitted to the Board of Tenement House Supervision of the State of New Jersey a set of plans for a five-story apartment house, which plans were approved by said board. On May 26th, 1938, prosecutor applied to the building department of said municipality for a building permit to erect on said premises said five-story brick apartment house containing seventy-one apartments, which application was refused on May 27th, 1938, by defendant Willaredt, the building inspector. On September 12th, 1938, the Supreme Court declared the ordinance invalid. On October 25th, 1938, the Board of Commissioners adopted an amendment to the ordinance which is the ordinance now under attack. Several other suits have been instituted by prosecutor to obtain the permit sought, but for the reasons stated in the opinions in those cases, prosecutor has been unable to obtain the relief sought.
On March 13th, 1939, prosecutor again made application to the defendant Willaredt, as building inspector, for a permit which was denied on the ground that the proposed structure did not comply with the provisions of the zoning ordinance as amended.
The certiorari herein was allowed to review the ordinance as amended and directly challenges the validity and reasonableness of the provision therein limiting the character of apartment houses to deprive prosecutor of its right to build as contemplated by it, which was the basis of the refusal of a permit. This and only this question is raised and argued herein.
Prosecutor's land is all within the corporate limits of West New York and is a fan-shaped piece of land, having a frontage of approximately eighty feet on the easterly side of Boulevard East and widens out to a width of 472 feet on the rear line, being somewhat more than 240 feet in depth. It is located at the extreme northerly limits ...