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FARHI v. DEAL BOR. COMM'RS

204 N.J. Super. 575 (1985)

499 A.2d 559

ISAAC FARHI, PLAINTIFF, v. THE COMMISSIONERS OF THE BOROUGH OF DEAL; THE DEAL TOWN CLERK; THE BOROUGH OF DEAL; A MUNICIPAL CORPORATION, AND THE BOARD OF ADJUSTMENT OF THE BOROUGH OF DEAL, DEFENDANTS.

Superior Court of New Jersey, Law Division Monmouth County.

Decided July 19, 1985.

Attorney(s) appearing for the Case

Richard B. Ansell for plaintiff (Anschelewitz, Barr & Ansell, attorneys).

Richard H. Mills for defendants (Lautman, Henderson & Mills, attorneys).

SELIKOFF, J.S.C.

This Court must resolve whether our State Constitution is violated when a municipal zoning ordinance, which excludes houses of worship, is enforced to prevent the gathering of religious worshipers in a private residence. The matter arises by verified complaint in lieu of prerogative writs with an order to show cause seeking temporary restraints. R. 4:69-1 et seq. Defendant municipal bodies were enjoined from issuing any summons or from...

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