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TRINITY, CHURCH v. BD. OF ADJUST., MORRIS PLAINS

72 N.J. Super. 425 (1962)

179 A.2d 45

TRINITY EVANGELICAL LUTHERAN CHURCH, A RELIGIOUS CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. BOARD OF ADJUSTMENT OF THE BOROUGH OF MORRIS PLAINS IN THE COUNTY OF MORRIS AND CLAUD S. TERRERI, BUILDING INSPECTOR, AND THE BOROUGH OF MORRIS PLAINS IN THE COUNTY OF MORRIS A MUNICIPAL CORPORATION, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided February 19, 1962.

Attorney(s) appearing for the Case

Mr. John A. Wyckoff argued the cause for appellants (Messrs. James and Wyckoff, attorneys; Mr. Wyckoff, of counsel and on the brief).

Mr. Clifford W. Starrett argued the cause for respondent (Messrs. Schenck, Smith & King, attorneys; Mr. Starrett, of counsel and on the brief).

Before Judges CONFORD, FREUND and LABRECQUE.

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

The issues presented in this case have become considerably narrowed since the date of argument as a result of the enactment in the interim of L. 1961, c. 138, N.J.S.A. 40:55-33.1, approved January 10, 1962, which reads as follows:

"No planning or zoning ordinance heretofore or hereafter enacted by any municipality governing the use of land by, or for, schools shall, by any of...

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