Borough of Bay Head v. MacFarlan

The opinion of the court was delivered by

PETRELLA, J.A.D.

The principal issue on this appeal is the narrow one of whether enforcement of the zoning ordinance of the Borough of Bay Head (Borough), as enacted in 1979, is limited to the building inspector, or whether enforcement may be by private complainants.

On October 15, 1984, Allan D. MacFarlan’s neighbor, Lucille Bitter, who lived at 541 West Lake Avenue, signed a complaint in the municipal court charging defendant MacFarlan with violating the Board’s 1979 Municipal Land Use Ordinance on October 1, 1984. At trial the complaint was amended to…