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URBAN LEAGUE OF ESSEX CTY. v. TP. OF MAHWAH

147 N.J. Super. 28 (1977)

370 A.2d 521

URBAN LEAGUE OF ESSEX COUNTY; NORTH JERSEY COMMUNITY UNION; KENNETH BORUCKI; AMY INGRAM; JOHN LIGON; AND JOSE MUNIZ, ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS-APPELLANTS, v. TOWNSHIP OF MAHWAH, ET AL; BOROUGH OF RAMSEY, ET AL; BOROUGH OF SADDLE RIVER, ET AL; BOROUGH OF UPPER SADDLE RIVER, ET AL, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided February 2, 1977.

Attorney(s) appearing for the Case

Mr. Richard F. Bellman of the New York Bar, argued the cause for appellants pro hac vice (Messrs. Eisner, Levy & Steel and Messrs. Courter, Kobert & Hare, attorneys).

Mr. Dean A. Gaver argued the cause for respondents Borough of Ramsey, Borough Council of Ramsey, Board of Adjustment of Ramsey, and Planning Board of Ramsey (Messrs. Hannoch, Weisman, Stern & Besser, attorneys).

Mr. Fred G. Stickel, III, argued the cause for respondent Borough of Saddle River (Messrs. Evans, Hand, Allabough & Amoresano and Messrs. Stickel, Kain and Stickel, attorneys).

Mr. Edward Sachar argued the cause for respondents Borough of Upper Saddle River, Borough Council, Planning Board of Upper Saddle River and Board of Adjustment of Upper Saddle River (Messrs. Sachar, Bernstein, Rothberg, Sikora & Mongello, attorneys).

Mr. Paul A. Dykstra argued the cause for respondent Township of Mahwah and relied upon the brief filed on behalf of respondent Borough of Ramsey (Messrs. Breslin and Breslin, attorneys).

Before Judges BISCHOFF, MORGAN and RIZZI.

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

In this exclusionary zoning case the sole issue is standing. Plaintiffs, four individuals and two nonprofit corporations, had sought invalidation of the zoning ordinances of the four defendant municipalities, alleging their unconstitutionality by reason of their discriminatory effect in excluding potential residents on the basis of race, national origin and economic status. The suit was dismissed, on motion...

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