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HOME BUILDERS LEAGUE OF SO. JERSEY, INC. v. TWP. OF BERLIN

81 N.J. 127 (1979)

405 A.2d 381

HOME BUILDERS LEAGUE OF SOUTH JERSEY, INC., A NEW JERSEY NONPROFIT CORPORATION, AWARD HOMES, INC., A NEW JERSEY CORPORATION, CHIUSANO BROS., INC., A NEW YORK CORPORATION QUALIFIED TO DO BUSINESS IN NEW JERSEY, LINCOLN PROPERTY CO., N.E., INC., A TEXAS CORPORATION QUALIFIED TO DO BUSINESS IN NEW JERSEY, PLAINTIFFS-RESPONDENTS, AND STANLEY C. VAN NESS, PUBLIC ADVOCATE OF THE STATE OF NEW JERSEY, SENIOR CITIZENS ADVOCATE CENTER, GRAY PANTHERS OF SOUTH JERSEY, SOUTH JERSEY TENANTS ORGANIZATION, PLAINTIFFS-RESPONDENTS, CROSS-APPELLANTS, v. TOWNSHIP OF BERLIN, DEFENDANT, AND TOWNSHIP OF VOORHEES, A MUNICIPAL CORPORATION OF NEW JERSEY, DEFENDANT-APPELLANT, CROSS-RESPONDENT.

The Supreme Court of New Jersey.

Decided July 30, 1979.

Attorney(s) appearing for the Case

Mr. Lawrence P. Engrissei argued the cause for appellant-cross-respondent (Mr. Sal B. Daidone, attorney).

Mr. Carl S. Bisgaier, Director, Division of Public Interest Advocacy, argued the cause for respondents-cross-appellants (Mr. Stanley C. Van Ness, Public Advocate, attorney; Mr. Bisgaier, Ms. Linda R. Hurd, Assistant Deputy Public Advocate and Mr. Kenneth E. Meiser, Assistant Deputy Public Advocate, on the brief).

Mr. Gerald E. Haughey argued the cause for respondents (Messrs. Brandt, Haughey, Penberthy & Lewis, attorneys).

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

At issue in this case is the validity of provisions in a municipal zoning ordinance which impose minimum floor area requirements for residential dwellings irrespective of the number of occupants living in the home and unrelated to any other factor, such as frontage or lot size. The challenge was initiated when the Home Builders League of South Jersey, Inc. (League) and three builders, Award Homes, Inc., Lincoln...

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