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GABE COLLINS REALTY v. CITY OF MARGATE CITY

112 N.J. Super. 341 (1970)

271 A.2d 430

GABE COLLINS REALTY, INC., A NEW JERSEY CORPORATION, FOURTH WARD PROPERTY OWNERS ASSOCIATION, INC., A NEW JERSEY CORPORATION, MARIE BIGGS, HARRY BIGGS, RICHARD NUGENT, DORIS NUGENT, DONNA CATRAMBONE, ANTHONY R. CATRAMBONE, HARRY BURKHARDT, BARBARA BURKHARDT, PATRICK TRICOCCI, EDWARD HARROLD, STEPHEN JACOBS, PLAINTIFFS-APPELLANTS, v. CITY OF MARGATE CITY, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS, AND MARGATE CIVIC ASSOCIATION, INTERVENOR-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided November 20, 1970.

Attorney(s) appearing for the Case

Mr. John W. Gilbert argued the cause for appellants.

Mr. Enoch A. Higbee, Jr. argued the cause for respondents.

Before Judges CONFORD, KOLOVSKY and CARTON.

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

Plaintiffs, who are for the most part owners of two-family houses ("duplexes") held for summer rental, challenge the validity of a zoning ordinance of Margate City, an oceanside community in Atlantic County. Under attack is the provision of the ordinance which defines "family," for purposes of the use restriction of certain zones to "single family dwellings" and to "two family houses," among other uses, as...

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