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EXXON CO., U.S.A. v. LIVINGSTON TP., ESSEX CTY.

199 N.J. Super. 470 (1985)

489 A.2d 1218

EXXON COMPANY, U.S.A., A NEW JERSEY CORPORATION, PLAINTIFF-APPELLANT, v. THE TOWNSHIP OF LIVINGSTON IN THE COUNTY OF ESSEX, A BODY POLITIC AND CORPORATE OF THE STATE OF NEW JERSEY, PLANNING BOARD OF THE TOWNSHIP OF LIVINGSTON, AND THE CONSTRUCTION OFFICIAL OF THE TOWNSHIP OF LIVINGSTON, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided March 15, 1985.

Attorney(s) appearing for the Case

Ralph A. Yacavino, attorney for appellant.

Barry H. Evenchick, Municipal Attorney for the Township of Livingston, attorney for respondents (Barry H. Evenchick, of counsel; Frederick S. Title, on the brief).

Before Judges PRESSLER, BRODY and COHEN.

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

In this action in lieu of prerogative writs, plaintiff Exxon Company unsuccessfully challenged the facial constitutionality and the constitutionality as applied to its property of a zoning ordinance provision of defendant Township of Livingston which prohibits gasoline station use within 500 feet of another gasoline station or of specific public uses, such as schools and churches. We reverse.

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