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Borough of Mountain Lakes v. Mola

Decided: March 18, 1960.

BOROUGH OF MOUNTAIN LAKES, PLAINTIFF,
v.
HENRY J. MOLA, DEFENDANT



Civil action. On appeal from judgment of the Municipal Court of the Borough of Mountain Lakes.

Mills, J.c.c.

Mills

The building inspector of the plaintiff borough filed a complaint against the defendant alleging that the defendant did on September 8, 1959 violate section III of the zoning ordinance of the borough in that he parked or permitted the parking of a commercial vehicle (a red and green one-half ton 1951 International pickup truck, N.J. license No. XKU 590) in the driveway of his premises at 5 Rainbow Trail as not one of the uses permitted in residence zone B. Defendant was found guilty of the violation of said ordinance and appeals to the County Court.

The parties to the action filed a joint stipulation of the statement of facts which are as follows:

"Defendant Henry J. Mola resides at 5 Rainbow Trail which is a street in a residential zone of the Borough of Mountain Lakes in Morris County. Mr. Mola is the owner of a red and green one-half ton pickup truck which has been used by Mr. Mola in the past to go to work in the morning and return home at night and for business purposes during the day when Mr. Mola is away from the premises. No allegation is made that Mr. Mola conducts any business from his residence at 5 Rainbow Trail.

"On September 16, 1959, the Building Inspector of the Borough of Mountain Lakes issued a summons and complaint charging the defendant with a violation of Section III of the Consolidated Zoning Ordinances of the Borough of Mountain Lakes in that he parked the pickup truck above

described in the driveway of his residence at 5 Rainbow Trail in said Borough on September 8, 1959.

"This matter came on for a hearing in the Municipal Court of the Borough of Mountain Lakes on November 4, 1959, before the magistrate who received the plea of 'not guilty' from the defendant and entered same. The actual parking of the one-half ton pickup truck in the driveway of his residence at the close of the day on September 8, 1959, is admitted by the defendant.

"It is further stipulated that the following quotations are true and correct copies of the pertinent portions of the zoning ordinances in effect at the time of the alleged violation:

"'SECTION III -- Use Regulations Controlling Residence Zones

In a residence zone no building or land shall be used and no building or structure shall be erected, constructed, reconstructed, altered or repaired which is arranged, intended or designed ...


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