Trinity Cemetery Ass'n v. Township of Wall

The opinion of the court was delivered by

BRAITHWAITE, J.A.D.

Plaintiff, Trinity Cemetery Association, Inc. (“Trinity5’), commenced an action in lieu of prerogative writs challenging the enactment of a zoning ordinance by defendant, the Township of Wall (“Township”), rezoning Trinity’s property from cemetery use to residential use. On July 18, 1997, Trinity moved for summary judgment. Following oral argument, the motion judge granted summary judgment on the ground that once Trinity’s property was dedicated “for cemetery purposes,” N.J.S.A 8A:6-7, the New Jersey Cemetery Act, N.J.S.A 8A:1-1 to…