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Duffcon Concrete Products Inc. v. Borough of Cresskill

Decided: April 1, 1948.

DUFFCON CONCRETE PRODUCTS, INC., A CORPORATION, PROSECUTOR,
v.
THE BOROUGH OF CRESSKILL, RESPONDENT



On writ of certiorari.

For the prosecutor, Breslin & Breslin and James A. Major.

For the respondent, Borough of Cresskill, Walter H. Jones.

Before Case, Chief Justice, and Justice Burling.

Case

The opinion of the court was delivered by

CASE, CHIEF JUSTICE. The Board of Adjustment recommended to the mayor and council that an exception from the restrictions of the zoning ordinance be granted to the prosecutor. The recommendation was rejected.

Prosecutor's first point is that the borough zoning ordinance is invalid.

The Borough of Cresskill is a residential community, and its zoning ordinance is obviously framed with the purpose of preserving that status. The ordinance sets up four zones. Three of them, "A," "B" and "C," are designated "residential" and are restricted to one family houses and related uses, with varying requirements as to size of lot. The areas within

the fourth or "D" zone are designated "Commercial Districts for Business Centers." The ordinance provisions as to that zone are in part as follows:

"(A) In any Commercial 'D' District, no building or premises shall be used and no building or part of a building shall be erected which is arranged, intended or designed to be used in whole or in part by any fabricating, manufacturing, converting, altering, finishing or assembling where mechanical power exceeding one horse-power electric motor is used, and where the major object of the establishment is to produce goods for sale other than at retail on the premises, or to furnish a service other than for residents of the locality, and where more than five mechanics or workers are habitually engaged on such work, except that in the following listed industries the maximum number of workers engaged on such work shall be as specified below:

"Carpet cleaning employing two ...


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