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GARDEN STATE FARMS, INC. v. MAYOR LOUIS BAY, II

77 N.J. 439 (1978)

390 A.2d 1177

GARDEN STATE FARMS, INC., PLAINTIFF-RESPONDENT, AND STATE OF NEW JERSEY, DEPARTMENT OF TRANSPORTATION, DIVISION OF AERONAUTICS, PLAINTIFF-RESPONDENT, v. MAYOR LOUIS BAY, II, COMMISSIONER FLOYD AND COMMISSIONER ARTHUR A. BROKAW, OF THE BOROUGH OF HAWTHORNE, JULES BOUBLIS, JOSEPH ROONEY, JOHN SOTNECK, PAUL ELWOOD, JOSEPH PSOTA AND THE BOROUGH OF HAWTHORNE, A MUNICIPALITY OF THE STATE OF NEW JERSEY, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided August 9, 1978.

Attorney(s) appearing for the Case

Mr. Robert J. Passero argued the cause for appellants Jules Boublis, Joseph Rooney, John Sotneck, Paul Elwood and Joseph Psota (Messrs. Raaff and Passero, attorneys).

Mr. Douglas C. Borchard, Jr., argued the cause for appellants Mayor Louis Bay, II, Commissioner Harold Floyd, Commissioner Arthur A. Brokaw and the Borough of Hawthorne (Messrs. Evans, Hand, Allabough and Amoresano, attorneys).

Mr. Herman M. Jeffer argued the cause for respondent Garden State Farms, Inc. (Messrs. Jeffer, Walter, Tierney, DeKorte, Hopkinson and Vogel, attorneys).

Mr. Jeffrey M. Hall, Deputy Attorney General, argued the cause for respondent Department of Transportation (Mr. John J. Degnan, Attorney General of New Jersey, attorney; Mrs. Erminie L. Conley, Deputy Attorney General, of counsel).

The opinion of the court was delivered by HANDLER, J.

The question for decision is whether a local zoning ordinance which prohibits the use of land within a municipality as a helistop is invalid because the federal or state governments have preempted the power of local governments to regulate the establishment and location of helistops.

I

Plaintiff Garden State Farms (Garden State) operates over eighty-five...

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