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MORRIS COUNTY LAND, ETC. v. PARSIPPANY-TROY HILLS TP.

40 N.J. 539 (1963)

193 A.2d 232

MORRIS COUNTY LAND IMPROVEMENT COMPANY, A NEW JERSEY CORPORATION, PLAINTIFF-APPELLANT, v. THE TOWNSHIP OF PARSIPPANY-TROY HILLS, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT, AND THE ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF PARSIPPANY-TROY HILLS, DEFENDANT.

The Supreme Court of New Jersey.

Argued March 19, 1963.

Decided July 23, 1963.

Attorney(s) appearing for the Case

Mr. John T. Dolan argued the cause for plaintiff-appellant (Messrs. Crummy, Gibbons & O'Neill, attorneys; Mr. Dolan, of counsel).

Mr. Herbert S. Glickman argued the cause for defendant-respondent (Messrs. Scerbo, Hegarty, Mintz, Glickman, Kobin & Howe, attorneys; Mr. Glickman, on the brief).

The opinion of the court was delivered by HALL, J.

The fundamental question in this case is the constitutional validity of provisions of defendant township's zoning ordinance which greatly restrict the use of swampland and have for their prime object the retention of the land substantially in its natural state, essentially for public purposes. The provisions not only control land uses in the district, but also strictly regulate any reclamation or improvement of land...

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