420 Brd. Ave. Corp.. v. Bor. Of Palisades Park.
| Decision Date | 30 August 1948 |
| Docket Number | No. 217.,217. |
| Citation | 61 A.2d 23,137 N.J.L. 527 |
| Parties | 420 BROAD AVE. CORPORATION v. BOROUGH OF PALISADES PARK. |
| Court | New Jersey Supreme Court |
OPINION TEXT STARTS HERE
Certiorari proceeding by 420 Broad Avenue Corporation against the Borough of Palisades Park to determine validity of an amendment to a zoning ordinance.
Writ dismissed.
May term, 1948, before DONGES, COLIE, and EASTWOOD, JJ.
Ford & Taylor, of Hackensack, for prosecutor.
Max Eisenstein and Louis Eisenstein, both of Palisades Park, for defendant.
On May 13, 1947, the governing body of the Borough of Palisades Park adopted an ordinance entitled, ‘An ordinance to amend an ordinance entitled ‘An ordinance to limit and restrict to specified districts or zones, and to regulate therein, buildings and structures according to their construction and the nature of and extent of their use, in the Borough of Palisades Park, N.J.‘‘
The amendment added to the zoning ordinance of 1939 paragraph 21 to sub-section (c) entitled ‘B Districts-Business-of section 5, entitled ‘Regulations and Restrictions,“ which reads:
Thereafter, on November 3, 1947, application was made to the Borough Building Inspector for a permit for the construction of a ‘building and used car lot’ in said municipality. This was refused by the Building Inspector as being in violation of the borough ordinance. No further steps were taken by the prosecutor to secure said permit and the certiorari allowed in this case seeks to attack only the validity of the ordinance.
Prosecutor attacks the validity of the ordinance upon the ground that that portion of the questioned ordinance which attempts to control the use of vacant land separate and apart from the ‘buildings and structures' thereon is invalid ‘as without constitutional or statutory authority.’
It has been repeatedly held that the power of a municipality to limit the use of lands is within the police power. In Duffcon Concrete Products Inc. v. Cresskill, 137 N.J.L. 81, 58 A.2d 104, 105, Mr. Chief Justice Case said: ‘The authority of government to impose limitations upon the use and employment of private property rests upon two sources, first, the police power inherent in government to promote the safety, health, morals and general welfare of a community, and, second, the zoning provisions in our constitution article 4, s 6, par. 5, N.J.S.A., and the an cillary statutes and ordinances passed there under.’ Cf. Midland Park Coal & Lumber Co. v. Terhune, 136 N.J.L. 442, 56 A.2d 717, 721, opinion by Mr. Justice Eastwood, where it is said: ‘The argument...
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...and Council of Borough of N. Arlington, 136 N.J.L. 494, 56 A.2d 744, aff. 1 N.J. 24, 61 A.2d 508, and 420 Broad Ave. Corp. v. Borough of Palisades Park, 137 N.J.L. 527, 61 A.2d 23. In considering whether an Oklahoma law regulating the practice of optometry violated the Equal Protection Clau......
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