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ROMAN CATHOLIC DIOCESE OF NEWARK v. HO-HO-KUS BOROUGH

47 N.J. 211 (1966)

220 A.2d 97

ROMAN CATHOLIC DIOCESE OF NEWARK, A RELIGIOUS CORPORATION OF THE STATE OF NEW JERSEY, ET AL, PLAINTIFFS-RESPONDENTS, v. BOROUGH OF HO-HO-KUS, A MUNICIPAL CORPORATION OF THE COUNTY OF BERGEN AND STATE OF NEW JERSEY, DEFENDANT-APPELLANT, AND CHARLES A. BELTRAMINI AND ELEANOR K. BELTRAMINI, HIS WIFE, ET AL, DEFENDANTS-INTERVENORS-APPELLANTS, AND JOHN A. BYREM AND ELEANOR P. BYREM, HIS WIFE, DEFENDANTS-INTERVENORS.

The Supreme Court of New Jersey.

Decided May 23, 1966.

Attorney(s) appearing for the Case

Mr. Samuel M. Lyon, Jr., argued the cause for appellant Borough of Ho-Ho-Kus; Mr. Merritt Lane, Jr., argued the cause for defendants-intervenors-appellants (Mr. Elliot A. Lawrence, on the brief; Messrs. McCarter & English, attorneys for defendants-intervenors-appellants).

Mr. Thomas H. Gassert argued the cause for respondents (Mr. Frederick J. Gassert, of counsel; Mr. Joseph A. Clarken, Jr., on the brief; Messrs. Gassert and Murphy, attorneys).

The opinion of the court was delivered PER CURIAM.

Plaintiff seeks to erect a regional high school on lands it acquired for that purpose. The lands are in the highest residential district called R-1. At the time of the purchase the local zoning ordinance permitted the proposed use. The municipality thereafter amended the ordinance to bar all schools, public or private, from the R-1 district, permitting them however in its other three residential districts. This suit...

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