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State v. Wagner

Decided: November 7, 1963.

STATE OF NEW JERSEY
v.
VINCENT S. WAGNER, DEFENDANT-APPELLANT



On appeal.

Barlow, J.c.c.

Barlow

This is an appeal from the judgment of the Municipal Court of the Township of Ewing, in which defendant Vincent S. Wagner was found guilty of a violation of the Township Zoning Ordinance.

On June 1, 1960 defendant purchased a residential property known as 1905 Pennington Road, Ewing Township, Mercer County, New Jersey. The property consists of a large house which had previously been converted into two apartments. Prior to defendant's purchase of the home, and for some time prior to 1950, the then owner of the property had lived in one side or one apartment of the house and leased the other unit to another family. Apparently, at least one of the families to which the second unit was rented had, from time to time, sublet part of the premises to one or more persons.

After defendant purchased the property, he rented one apartment to his son-in-law and daughter, and the other unit to a group of 12 girls who were college students at nearby Trenton State Teachers College, for the school year 1962-1963. An oral lease was made with each of the student tenants, providing for a weekly or monthly rental for the period constituting the school year.

Both units, or apartments, provide complete living quarters, both containing separate kitchens and bathrooms.

Effective September 8, 1950, Ewing Township adopted a comprehensive zoning ordinance, which thereafter was supplemented and amended from time to time.

The premises here in question are situate within a "Residence 'A-1' District," and in which the ordinance prohibits structures other than

"* * * 1. A single family dwelling and its customary accessory buildings and uses. 2. A church, public school and a public park or

playground. 3. Other buildings, structures and uses as provided by paragraphs (a), * * * of Section 11."

Section 11, referred to above, is entitled "Exceptions and Special Provisions," and subsection (a) provides as follows:

" Special Uscs Permitted. After public notice and hearing * * *, the Board of Adjustment as hereinafter created may authorize the issuance of a permit for any of the following buildings and ...


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