East Wind Realty, Ltd. v. Board of Adjustment of Township of Wall

In this prerogative writ action plaintiff challenged denial of a use variance for coin-operated movie machines in his adult bookstore. He raised also the issue of the zoning ordinance’s constitutionality in infringing his First Amendment freedom of expression. The trial court declined to reach the constitutional *415issue, commenting that “there is no express prohibition against the operation of such machines in the B-2 zone.”

We are constrained to reverse and remand for trial of the constitutional issue. The trial court’s comment is in conflict with the view of all counsel at trial that…