METUCHEN DIOCESE v. PISCATAWAY TP.


252 N.J. Super. 525 (1991)

600 A.2d 173

DIOCESE OF METUCHEN, PLAINTIFF, v. TOWNSHIP OF PISCATAWAY AND THE TOWNSHIP COUNCIL OF PISCATAWAY, DEFENDANTS.

Superior Court of New Jersey, Law Division, Middlesex County.

Decided September 13, 1991.


Attorney(s) appearing for the Case

Thomas Sharlow, Jr. for plaintiff.

Philip Paley for defendant.


BERMAN, J.S.C.

While at first blush, this action by complaint in lieu of prerogative writ may appear jurisprudentially esoteric, at least two issues are of seeming novelty.

Does the Department of Community Affairs, or the local municipality, have jurisdiction of off-street parking requirements for mausoleums or is the jurisdiction shared?

If a setback restriction, one part of a comprehensive zoning...

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