For the prosecutor, George I. Marcus.
For the defendant, John A. Christie.
Before Justice Bodine (at chambers under the statute).
BODINE, J. The writ reviews an ordinance of the Borough of Fair Lawn, in the County of Bergen in this state, designated as Ordinance No. 276, being an amendment to the ordinance adopted by the Borough of Fair Lawn on December 12th, 1933 (a zoning ordinance).
The prosecutor owns a piece of property fronting on State Highway Route No. 4 in the Borough of Fair Lawn. She
purchased this property from a previous owner who used the property as a public golf practice range. She filed a map with the borough specifically reserving as business property the frontage facing on Route No. 4, being approximately 818.64 feet long and having a depth of 120 feet.
The borough amended its original zoning ordinance and zoned the property, in accordance with the map filed in 1939, as business property and it remained as business property until the adoption of the amendment to the zoning ordinance, known as Ordinance No. 276, adopted on March 23d, 1943, classifying this property as "D" residential zone limited to multiple family dwellings.
Within the area on Route No. 4 to Thirty-second Street, there is located the following: a diner, a gasoline station; property of the prosecutor, upon which property there is a small office building which was used by the prosecutor as an office in conjunction with the development of her property and now being temporarily used as a residence by reason of the shortage of housing; a taxpayer consisting of five stores; a 2 1/2 story dwelling; a garage and gasoline station.
An expert real estate operator in Bergen County testified that Route No. 4 is not suitable for residential purposes or multiple family dwellings and that the adoption of the ordinance of 1943 was unreasonable, arbitrary and capricious. He further testified that Route No. 4 is undoubtedly the most important highway extending westerly for the full length of Bergen County from the George Washington Bridge to the Passaic River and is one of the most heavily traveled highspeed highways in the state.
The witnesses, called in behalf of the borough, testified that since Route No. 4 was opened no new ...