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TAXPAYERS ASSN. OF WEYMOUTH TP. v. WEYMOUTH TP.

71 N.J. 249 (1976)

THE TAXPAYERS ASSOCIATION OF WEYMOUTH TOWNSHIP, INC., ET AL., PLAINTIFFS-RESPONDENTS, v. WEYMOUTH TOWNSHIP, A MUNICIPAL CORPORATION, DEFENDANT-APPELLANT, AND SIDNEY SIMON T/A WEYMOUTH PARK ASSOCIATION, AND M & M LAND CO., A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANTS.

The Supreme Court of New Jersey.

Reargued January 12 and 13, 1976.

Decided September 28, 1976.

Attorney(s) appearing for the Case

Mr. Clement F. Lisitski argued the cause for appellant (Messrs. Shapiro, Eisenstat, Capizola, O'Neill, Lisitski and Gabage, attorneys; Mr. Lisitski on the brief).

Mr. David H. Romberger argued the cause for defendant developers.

Mr. Morton Feldman argued the cause for respondents.

Mr. Kenneth E. Meiser, Assistant Deputy Public Advocate, argued the cause for amicus curiae Department of the Public Advocate (Mr. Stanley C. Van Ness, Public Advocate, attorney; Mr. Meiser, Mr. Carl S. Bisgaier, Deputy Director, and Mr. Peter A. Buchsbaum, Assistant Deputy Public Advocate, Division of Public Interest Advocacy, Department of the Public Advocate, on the brief).

Mr. John J. DeVincens argued the cause for amicus curiae, Leisure Technology Corp. (Messrs. Giordano and Halleran, attorneys; Mr. Francis John Badach, of counsel and on the brief).

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

This appeal raises the question whether a zoning ordinance may create a district in which one of the permitted uses is a mobile home park for the exclusive use of the elderly. The Appellate Division disagreed with the determination of the Law Division that such zoning is valid. Because this pattern of zoning developed in a rather roundabout way, it is helpful to state the following chronology and content of the...

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