Town of Montclair v. Kip

Berry, V. C.

This is a companion suit to Dinkins v. Kip and Ellis v. Kip, which have just been decided adversely to the complainants. 110 N. J. Eq. 486. The three cases were tried together.

The facts here are essentially those recited in the memorandum of decision filed in the other two cases and need not be here repeated. The bill, in effect, seeks to enforce a municipal zoning ordinance adopted May 19th, 1921, prior to the zoning amendment to the state constitution and pursuant legislation. There is a counter-claim by the defendants which seeks to restrain the municipality from enforcing or…