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SUPERCADE CHERRY HILL, INC. v. EATONTOWN

178 N.J. Super. 152 (1981)

428 A.2d 530

SUPERCADE CHERRY HILL, INC., A NEW JERSEY CORPORATION, PLAINTIFF-RESPONDENT, v. BOROUGH OF EATONTOWN, A MUNICIPAL CORPORATION, EATONTOWN BOARD OF ADJUSTMENT, EATONTOWN BUILDING INSPECTOR AND EATONTOWN ZONING OFFICER, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided March 11, 1981.

Attorney(s) appearing for the Case

John W. O'Mara argued the cause for appellants.

Louis Pashman argued the cause for respondent (Cummins, Dunn, Horowitz & Pashman, attorneys; John B. Newman on the brief).

Before Judges ALLCORN, PRESSLER and FURMAN.

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

Given the broad and comprehensive authority delegated to municipalities to adopt and enforce zoning ordinances (N.J. S.A. 40:55D-1 et seq.), it is a truism to state that such authority rests upon the police power and that, both constitutionally and statutorily, the regulations must be based upon and promote the "public health, safety,...

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