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BELL v. STAFFORD TP.

110 N.J. 384 (1988)

541 A.2d 692

WESLEY K. BELL, T/A WES OUTDOOR ADVERTISING CO., PLAINTIFF-RESPONDENT, v. TOWNSHIP OF STAFFORD, A MUNICIPALITY IN THE COUNTY OF OCEAN, STATE OF NEW JERSEY, DEFENDANT-APPELLANT, AND ROBERT H. MEARS, CONSTRUCTION OFFICIAL OF THE TOWNSHIP OF STAFFORD, AND THE COUNTY OF OCEAN, DEFENDANTS.

The Supreme Court of New Jersey.

Decided May 26, 1988.

Attorney(s) appearing for the Case

Thomas E. Monahan argued the cause for appellant (Gilmore & Monahan, attorneys; J. Mark Mutter and Charles W. Hutchinson, on the briefs).

Wesley K. Bell argued the cause for respondent, pro se.

Theodore L. Abeles submitted a brief on behalf of amicus curiae Gannett Outdoor Co., Inc. of New Jersey (Lum, Hoens, Abeles, Conant & Danzis, attorneys).

Jeffrey M. Hall and Kenneth I. Hyman submitted a brief on behalf of amicus curiae, The Outdoor Advertising Association of New Jersey (Strauss & Hall, attorneys; Jeffrey M. Hall, of counsel).

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

This case engenders first amendment and freedom of speech concerns arising from the efforts of a municipality to regulate through its zoning powers the use of billboards as a form of out-door advertising. The controversy arose from the Township of Stafford's ("Township" or "Stafford") enactment and enforcement of an ordinance declaring that "[b]illboards, signboards, and off-premises advertising signs and devices...

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