MUNICIPAL CORPORATIONS-ZONING-RIGHT OF MUNICIPALITY AND PROPERTY OWNERS THEREIN TO OBJECT TO AMENDMENT OF ZONING ORDINANCE OF ADJACENT MUNICIPALITY

Authors

Howard N. Thiele, Jr., University of Michigan Law SchoolFollow

Abstract

The borough of Dumont in New Jersey amended its zoning ordinance to change one city block from a residential area to a district in which business user would be permissible. The amendment occasioned objections By certain boroughs which were adjacent to the reclassified block, property owners in the adjacent boroughs, property owners in Dumont, and property owners in the block itself. On suit in lieu of prerogative writ by these parties, held, ordinance set aside. Where several boroughs are adjacent to the block of the defendant borough, and in reliance on the residential character of the whole area single family dwellings are erected in all the boroughs, property owners in adjacent boroughs have vested rights to benefits from the zoning restrictions of defendant borough, subject only to a proper exercise by defendant of its police power. The adjacent boroughs are proper parties to contest the validity of the amendment. Borough of Cresskill v. Borough of Dumont, (N. J. Super. Ct. 1953) 100 A. (2d) 182.

Recommended Citation

Howard N. Thiele, Jr., MUNICIPAL CORPORATIONS-ZONING-RIGHT OF MUNICIPALITY AND PROPERTY OWNERS THEREIN TO OBJECT TO AMENDMENT OF ZONING ORDINANCE OF ADJACENT MUNICIPALITY, 52 Mich. L. Rev. 1071 (1954).
Available at: https://repository.law.umich.edu/mlr/vol52/iss7/14