ROMAN CATHOLIC DIOCESE OF NEWARK v. HO-HO-KUS BOROUGH


42 N.J. 556 (1964)

202 A.2d 161

ROMAN CATHOLIC DIOCESE OF NEWARK, A RELIGIOUS CORPORATION OF THE STATE OF NEW JERSEY, ET AL., PLAINTIFFS-RESPONDENTS, v. BOROUGH OF HO-HO-KUS, A MUNICIPAL CORPORATION OF THE COUNTY OF BERGEN AND STATE OF NEW JERSEY, DEFENDANT-APPELLANT, AND CHARLES A. BELTRAMINI AND ELEANOR K. BELTRAMINI, HIS WIFE, ET AL., DEFENDANTS-INTERVENORS-APPELLANTS, AND JOHN A. BYREM AND ELEANOR P. BYREM, HIS WIFE, DEFENDANTS-INTERVENORS.

The Supreme Court of New Jersey.

April 20, 1964.

Decided June 24, 1964.


Attorney(s) appearing for the Case

Mr. Samuel M. Lyon, Jr., argued the cause for defendant-appellant; Mr. Merritt Lane, Jr., argued the cause for defendants-intervenors-appellants (Mr. Ross B. Abrash, on the brief; Messrs. McCarter & English, attorneys for defendants-intervenors-appellants).

Mr. Frederick J. Gassert argued the cause for plaintiffs-respondents (Mr. Thomas H. Gassert, of counsel; Messrs. Gassert, Murphy & Gassert, attorneys).

Mr. Joseph A. Hoffman, Deputy Attorney General, argued the cause for the State of New Jersey (Mr. Arthur J. Sills, Attorney General, attorney).


The opinion of the court was delivered by WEINTRAUB, C.J.

This is a zoning case. In October 1960 plaintiff, Roman Catholic Diocese of Newark, purchased a parcel of some 20 acres in the most highly restricted residence district (R-1) of the Borough of Ho-Ho-Kus upon which it intended to erect a regional high school for some 1,500 boys. At the time of the purchase, the zoning ordinance permitted the contemplated use, but plaintiff...

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