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Wallington Home Owners Association v. Borough of Wallington

Decided: March 25, 1974.

WALLINGTON HOME OWNERS ASSOCIATION, AN UNINCORPORATED ASSOCIATION, AND ANDREW P. VASCO, PLAINTIFFS-RESPONDENTS,
v.
BOROUGH OF WALLINGTON, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-APPELLANT, AND JAMES NUCKEL, INTERVENOR-APPELLANT



Collester, Lynch and Michels.

Per Curiam

This is an appeal by defendants Borough of Wallington (Borough) and James Nuckel (Nuckel) from a portion of a judgment declaring that an amendment to the Borough's zoning ordinance, which created a "Planned Commercial" (P-C.) zone for an area of undeveloped land, was invalid because it constituted "spot zoning" and did not meet the statutory purposes of zoning set forth in N.J.S.A. 40:55-32.

The property involved is known as "Roehr's Tract" consisting, in all, of 27 acres. It is rectangular in shape having an average width of 830 feet, an average depth of 1,620 feet, with a frontage on Paterson Avenue of 730 feet. The tract rezoned to "Planned Commercial" consists of four acres of the "Roehr's Tract." The remaining 23 acres were rezoned Residential (R-4) and no appeal was taken therefrom.

Plaintiff is an association of residential property owners living near the "Roehr's Tract."

Most of the "Roehr's Tract" had previously been zoned R-1. (One-family residential use) with the area facing Paterson Avenue zoned LI-C. (Light Industry-Commercial) for a depth of 200 feet. The latter permitted business offices, banks, restaurants, dry cleaners, gas and service stations, building supply warehouses, bowling alleys, stores for the sale of drugs, candy and tobacco, small manufacturing laboratories and mortician use. The new P-C. zone permits the

land to be used for business and professional offices, retail department stores, food supermarkets and medical arts buildings. And it extends said zone to a depth of 400 feet whereas the previous LI-C. zone went to a depth of 200 feet.

Intervenor Nuckel purchased the land from the Roehr's Company in 1969. The tract was the last remaining undeveloped tract of substantial size in Wallington.

The trial judge struck down the P-C. zone for these reasons as he expressed it in his letter opinion: "The court finds that the change for this property from 200 feet to 400 feet does not benefit Wallington but appears to be a special benefit inuring to the benefit of the property owner." He added his personal opinion that the flow of shoppers would probably be away from and not to the Wallington area and therefore there would be no need for the supermarket which Nuckel projects as the future use of the property. The Borough on the other hand contended that there was a need for such facility especially so because, since the adoption of the zoning ordinance in 1964, two large garden apartment complexes were built within a few blocks of the site.

What we have is essentially a disagreement between what the municipal authorities believed to be appropriate zoning for the subject tract and what the trial judge conceived to be appropriate.

Without reciting the various circumstances and contentions here we have decided to reverse the judgment invalidating the amendment of the ordinance insofar as it created the P-C. zone. Plaintiffs have failed to sustain the heavy burden which is theirs in this context.

The party attacking the validity of a zoning ordinance has a heavy burden of affirmatively showing it bears no reasonable relationship to public health, morals, safety or welfare. Proof of unreasonableness must be beyond debate. [Citations omitted]. The presumption may be overcome by a showing on its face or in the light of facts of which judicial notice can be taken, of transgression of constitutional limitations or bounds of reason. [Citation omitted].

The judicial role in reviewing a zoning ordinance is tightly circumscribed. There is a strong presumption ...


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