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Miriam Homes Inc. v. Zoning Board of Adjustment

New Jersey Supreme Court


Decided: March 13, 1978.

MIRIAM HOMES, INC., A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT,
v.
ZONING BOARD OF ADJUSTMENT OF THE CITY OF PERTH AMBOY AND BUILDING INSPECTOR OF THE CITY OF PERTH AMBOY, DEFENDANTS-RESPONDENTS

On appeal from the Superior Court, Appellate Division, whose opinion is reported at 156 N.J. Super. 456 (1976).

For affirmance -- Chief Justice Hughes, Justices Sullivan and Clifford and Judge Conford. For reversal -- Justices Pashman and Schreiber. Pashman and Schreiber, JJ., dissenting.

Per Curiam

[75 NJ Page 508]

The judgment is affirmed substantially for the reasons expressed in the majority opinion of the Appellate Division, reported at 156 N.J. Super. 456.

PASHMAN and SCHREIBER, JJ., dissenting. We dissent essentially for the reasons stated in Judge Horn's dissenting opinion. It is our understanding that, although the majority has approved zoning the plaintiff's property into idleness, the plaintiff is not precluded from instituting an action for inverse condemnation or other appropriate relief to avoid payment of taxes on sterile property.

19780313


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