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WINDMILL ESTATES, INC. v. ZONING BD. OF ADJ. OF BOROUGH OF TOTOWA

158 N.J. Super. 179 (1978)

385 A.2d 924

WINDMILL ESTATES, INC. AND ALBERT RUTHERFORD AND GRACE RUTHERFORD, PLAINTIFFS-RESPONDENTS, v. ZONING BOARD OF ADJUSTMENT OF THE BOROUGH OF TOTOWA, BUILDING INSPECTOR OF THE BOROUGH OF TOTOWA, MAYOR & COUNCIL OF THE BOROUGH OF TOTOWA ET AL., DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided March 28, 1978.

Attorney(s) appearing for the Case

Messrs. Corrado & Higgins, attorneys for the appellants.

Messrs. Donato and Donato filed a statement in lieu of brief on behalf of respondents.

Before Judges ALLCORN, MORGAN and HORN.

PER CURIAM.

In essence, the Law Division found that the current zoning ordinance of defendant municipality offended the precepts laid down in South Burl. Cty. N.A.A.C.P. v. Mt. Laurel Tp., 67 N.J. 151 (1975), and that, were it not for the fact that Totowa was not a developing community, the ordinance would be declared invalid. The court then reviewed the provisions of the newly enacted Municipal Land Use Act (N.J.S.A....

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