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BERGER v. STATE

71 N.J. 206 (1976)

364 A.2d 993

BRUCE S. BERGER AND FREDERICKA NOLDE BERGER, HIS WIFE, ROBERT B. LEWIS AND MARGARET McE. LEWIS, HIS WIFE, JOHN McMULLEN AND JACQUELINE McMULLEN, HIS WIFE, AND FREDERIC GUSMER AND PATRICIA GUSMER, HIS WIFE, PLAINTIFFS-APPELLANTS, v. THE STATE OF NEW JERSEY, MAURICE G. KOTT, ACTING COMMISSIONER OF THE DEPARTMENT OF INSTITUTIONS AND AGENCIES OF THE STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS, AND WILLIAM GRAESSLE AND FLORENCE A. GRAESSLE, HIS WIFE, AND THE BOROUGH OF MANTOLOKING, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANTS.

The Supreme Court of New Jersey.

Decided September 21, 1976.

Attorney(s) appearing for the Case

Mr. Charles Danzig argued the cause for appellants Berger, Lewis and McMullen (Messrs. Riker, Danzig, Scherer and Debevoise, attorneys; Mr. Danzig of counsel; Mr. George C. Pappas on the brief).

Mr. Thomas J. Gunning argued the cause for appellants Gusmer (Messrs. Sim, Sinn, Gunning, Serpentelli and Fitzsimmons, attorneys; Mr. Gunning on the brief).

Mr. Michael S. Bokar, Deputy Attorney General, argued the cause for respondents (Mr. William F. Hyland, Attorney General of New Jersey, attorney; Mr. Stephen Skillman, Assistant Attorney General, of counsel; Mr. Bokar on the brief).

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

This case presents the question of whether a group home for multi-handicapped, pre-school children must cease its operation either because of restrictive covenants in deeds of record or because of zoning provisions limiting the area to single family dwellings.

By deed dated July 9, 1973 William and Florence A. Graessle conveyed their premises in the Borough of Mantoloking

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