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SCAVONE v. TOTOWA

49 N.J. Super. 423 (1958)

140 A.2d 238

ANGELO SCAVONE AND SADIE SCAVONE, HIS WIFE, PLAINTIFFS-RESPONDENTS, v. MAYOR AND COUNCIL OF BOROUGH OF TOTOWA, A MUNICIPAL CORPORATION, DEFENDANT-RESPONDENT, AND JAMES SANDFORD, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 28, 1958.

Attorney(s) appearing for the Case

Mr. Howard Stern argued the cause for defendant-appellant (Mr. Peter Hofstra, attorney).

Mr. Albert H. Kreamer argued the cause for plaintiffs-respondents (Messrs. Kreamer and Kreamer, attorneys).

Mr. Joseph J. DeLuccia argued the cause for defendant-respondent (Messrs. Boyle and Boyle, attorneys).

Before Judges GOLDMANN, FREUND and CONFORD.

The opinion of the court was delivered by CONFORD, J.A.D.

The issue here may be simply stated. Does the claimant of a right to continue a nonconforming use of property free of a later restrictive zoning ordinance have to show that he began and continued that use in compliance with any and all statutory or municipal regulations governing the conduct of the business constituting that use? Or is it sufficient that the use existed in fact and did not violate the use restrictions...

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