Trinity Cemetery Ass'n v. Township of Wall

I write separately to address the question, which we do not decide here, whether a municipality may limit the number of mausoleums built in a cemetery under the Cemetery Act. N.J.S.A. 8A:1-1 to 12-6. In my view, the Cemetery Act does not preclude municipalities from regulating the number of mausoleums that *51may be built in a cemetery. I therefore conclude that an ordinance establishing a cemetery zone with mausoleums as accessory structures is valid and could be enforced.

I

Our Legislature has allowed joint State and local oversight of the construction of public mausoleums for over eighty-five…