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STATE v. BAKER

81 N.J. 99 (1979)

405 A.2d 368

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. DENNIS BAKER, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided July 30, 1979.

Attorney(s) appearing for the Case

Mr. David H. Rothberg argued the cause for appellant (Messrs. Sachar, Bernstein, Rothberg, Sikora & Mongello, attorneys).

Mr. Michael B. Blacker argued the cause for respondent.

Mr. Carl S. Bisgaier, Director, Division of Public Interest Advocacy, argued the cause for amicus curiae Public Advocate of New Jersey (Mr. Stanley C. Van Ness, Public Advocate, attorney; Mr. Bisgaier and Ms. Linda R. Hurd, Assistant Deputy Public Advocate, on the brief).

A brief was submitted on behalf of amicus curiae Borough of Somerville (Mr. Thomas H. Dilts, attorney).

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

The issue presented by this appeal is whether a municipality may utilize criteria based upon biological or legal relationships in order to limit the types of groups that may live within its borders. Specifically, we must determine the validity of § 17:3-1(a)(17) of the Plainfield Zoning Ordinance which seeks to preserve the "family" character of the municipality's neighborhoods by prohibiting more than four...

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