LARSON v. MAYOR ET AL.,


99 N.J. Super. 365 (1968)

240 A.2d 31

JEROME M. LARSON, PLAINTIFF, v. THE MAYOR AND COUNCIL OF THE BOROUGH OF SPRING LAKE HEIGHTS, NEW JERSEY, DEFENDANT. HERBERT HARKER, MARY HARKER, HELEN E. HARKER AND MERCER COURT, INC., A NEW JERSEY CORPORATION, PLAINTIFFS, v. THE MAYOR AND COUNCIL OF THE BOROUGH OF SPRING LAKE HEIGHTS, NEW JERSEY, DEFENDANT. KIRSCH HOLDING COMPANY, A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF, v. THE BOROUGH OF MANASQUAN, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT.

Superior Court of New Jersey, Law Division.

Decided February 19, 1968.


Attorney(s) appearing for the Case

Mr. Robert V. Carton for the plaintiff Jerome M. Larson, (Messrs. Carton, Nary, Witt & Arvanitis, attorneys).

Mr. Henry W. Sayrs for plaintiffs Hebert Harker, Mary Harker, Helen E. Harker and Mercer Court, Inc.

Mr. Theodore D. Parsons, Jr. for plaintiff Kirsch Holding Company (Messrs. Parsons, Canzona, Blair & Warren, attorneys).

Mr. William C. Nowels for defendant Mayor and Council of Spring Lake Heights.

Mr. John D. Wooley for defendant, Manasquan.


SIMMILL, J.S.C.

Three actions in lieu of prerogative writs were consolidated for trial. The basic issue involved in all is the validity of ordinances expressly enacted pursuant to N.J.S.A. 40:48-1(6) and 40:48-2, which ordinances, in essence, prohibit in defendant-municipalities the use, occupancy or rental of dwellings by and to "non-family" groups as defined in the ordinances. More simply put, the ordinances prohibit "group rentals."

The two ordinances...

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