Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Taxpayers Association of Weymouth Township Inc. v. Weymouth Township

Decided: October 30, 1973.

THE TAXPAYERS ASSOCIATION OF WEYMOUTH TOWNSHIP, INC., ET AL., PLAINTIFFS-APPELLANTS,
v.
WEYMOUTH TOWNSHIP, A MUNICIPAL CORPORATION, SIDNEY SIMON, T/A WEYMOUTH PARK ASSOCIATION, AND M & M LAND CO., A CORPORATION OF N.J., DEFENDANTS-RESPONDENTS



Kolovsky, Fritz and Crane. The opinion of the court was delivered by Kolovsky, P.J.A.D.

Kolovsky

Plaintiffs appeal from a judgment which rejected their attack on the validity of portions of two ordinances adopted by defendant township, designated respectively as ordinances 171 and 172 of 1971.

The challenged section of ordinance 171, adopted on July 7, 1971 as an amendment of the township's zoning ordinance, reads as follows:

Section 2 -- Block 86, Lots 1, 2 and 3, shall be rezoned Trailer and Mobile Home Districts.

Block 86, Lots 1, 2 and 3, comprise a 142-acre tract owned by defendant M & M Land Company, a corporation owned by defendant Simon, who concededly was a moving force in procuring the passage of the ordinances.

Ordinance 172, which was adopted on June 25, 1971, is entitled,

AN ORDINANCE REGULATING THE PARKING AND LOCATION OF MOBILE HOME PARKS AND REGULATING AND LICENSING THE ESTABLISHMENT, LOCATION, MAINTENANCE AND CONDUCT OF MOBILE HOME PARKS IN THE TOWNSHIP OF WEYMOUTH, COUNTY OF ATLANTIC AND STATE OF NEW JERSEY, AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF.

That ordinance, in addition to providing for the licensing of "Mobile Home Parks" and setting forth regulations relating to their maintenance and physical characteristics -- including a requirement that each contain a minimum of 140 acres -- reads in section XXIII as follows:

SECTION XXIII. PROVISIONS FOR ELDERLY FAMILIES.

The Mobile Home Park operator shall provide one hundred (100%) per cent of the total number of mobile homes in the park for elderly persons or elderly families. Trailer parks are generally prohibited in the Township. A special exception to fulfill the needs of senior citizens, as defined by this ordinance, has been made by the township. Occupancy by any persons other than elderly or elderly families is hereby prohibited.

The ordinance, as amended by ordinance 175-1971, defines "elderly persons" ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.