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KINNELON v. SOUTH GATE ASSOCIATES

172 N.J. Super. 216 (1980)

411 A.2d 724

BOROUGH OF KINNELON, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. SOUTH GATE ASSOCIATES, DEFENDANT-APPELLANT, AND THE E.B. LEONE GROUP, INC., THE ESTATE OF JOHN A. TALBOT AND E.B. LEONE, DEFENDANTS-INTERVENORS-APPELLANTS, AND SMOKE RISE OF KINNELON, N.J., INC., A N.J. CORPORATION, AND CURTISS-WRIGHT CORPORATION, A N.J. CORPORATION, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided February 20, 1980.

Attorney(s) appearing for the Case

Albert Burstein argued the cause for appellant South Gate Associates (Wolf, Baumann & Burstein, attorneys).

John M. Mills, III, argued the cause for defendants-intervenors appellants (Mills, Hock, Dangler & Mills, attorneys).

Alfred J. Villoresi argued the cause for respondent (Villoresi and Buzak, attorneys; John P. Jansen on the brief).

Before Judges ALLCORN, MORGAN and FRANCIS.

The opinion of the court was delivered by ALLCORN, P.J.A.D.

Our review of the pertinent provision of the zoning ordinance satisfies us that it plainly prohibits the use of the lands of appellants for commercial lumbering or timbering operations.

It is our further view that there is nothing whatever in the policy, purpose or language of the Farmland Assessment Act, N.J.S.A. 54:4-23.1 et seq., or its underlying constitutional authorization,

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