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BOW & ARROW MANOR v. TOWN OF WEST ORANGE

63 N.J. 335 (1973)

307 A.2d 563

BOW AND ARROW MANOR, INC., A CORPORATION, HARRY KNOWLES, JR. AND DORIS KNOWLES, HIS WIFE, PLAINTIFFS-RESPONDENTS, v. THE TOWN OF WEST ORANGE, A MUNICIPAL CORPORATION, DEFENDANT-APPELLANT, AND LOUIS P. FALCONE, DEFENDANT. WEST ORANGE RIDING CLUB, INC., A CORPORATION, PLAINTIFF-RESPONDENT, v. THE TOWN OF WEST ORANGE, A MUNICIPAL CORPORATION, DEFENDANT-APPELLANT, AND LOUIS P. FALCONE, MAYOR, DEFENDANT. MOTOR CLUB OF AMERICA, A NEW JERSEY CORPORATION, PLAINTIFF-RESPONDENT, v. THE TOWN OF WEST ORANGE, A MUNICIPAL CORPORATION, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided July 5, 1973.

Attorney(s) appearing for the Case

Mr. Joseph G. Dooley, Jr. argued the cause for defendant-appellant, Town of West Orange (Mr. Harry A. Margolis, attorney; Mr. Vincent M. Mangino on the brief).

Mr. Ronald Reichstein argued the cause for plaintiffs-respondents, Bow & Arrow Manor, Inc., Harry Knowles, Jr. and Doris Knowles (Messrs. Beck, Reichstein and Guidone, attorneys).

Mr. Samuel B. Lesser argued the cause for plaintiff-respondent, Motor Club of America (Messrs. Meyers and Lesser, attorneys).

Mr. Seymour Rudenstein argued the cause for plaintiffs-respondents, Barkley F. Eckert and Christine Eckert (Messrs. Mellinger & Rudenstein, attorneys).

Mr. Herman W. Kapp argued the cause for plaintiffs-respondents, Suburban Essex Riding Club and 12-22 Woodland Avenue Corporation (Messrs. Kapp & Finkel, attorneys).

The opinion of the Court was delivered by CONFORD, P.J.A.D., Temporarily Assigned.

The Appellate Division affirmed, for the reasons given by the trial court, a holding by the Law Division that the 1969 zoning ordinance of West Orange was unconstitutional as arbitrary and unreasonable in its restrictions as to permitted uses of properties owned by the four plaintiff ownership interests, each of which had brought an action in lieu of prerogative writs attacking the...

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