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SCHERE v. TOWNSHIP OF FREEHOLD

119 N.J. Super. 433 (1972)

292 A.2d 35

FRANK SCHERE, PLAINTIFF-APPELLANT, AND JACOB BLACK; ANNA BLACK; DAVID ROBINSON; LILLIAN ROBINSON; PLAINTIFFS, v. TOWNSHIP OF FREEHOLD, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT. LAWRENCE COHEN; BARBARA COHEN; AND SALLY TANNENBAUM, PLAINTIFFS-APPELLANTS, v. TOWNSHIP OF FREEHOLD, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided June 23, 1972.

Attorney(s) appearing for the Case

Mr. William R. Blair, Jr. argued the cause for appellants (Messrs. Parsons, Canzona, Blair & Warren, attorneys).

Mr. John A. Kaye argued the cause for respondent.

Before Judges CONFORD, MATTHEWS and FRITZ.

PER CURIAM.

We are satisfied from an examination of the whole record that the large parcels of land owned by the respective plaintiffs are, in very substantial degree, rendered beyond practical, reasonable utilization under the restriction thereof by the zoning ordinance of one-family residential development to lots of a minimum of 40,000 sq. ft., or almost an acre (R-40).

One of these tracts is 200 acres in...

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