Duffcon Concrete Products, Inc. v. Borough of Cresskill

The opinion of the court was delivered by

Vanderbilt, C. J.

This is an appeal by the Borough of Cress-kill from a judgment of the former Supreme Court setting aside its zoning ordinance.

The Borough is a small residential 'community in Bergen County, comprising about 1,300 acres and having a population of approximately 2,300 persons. In an effort to retain its residential character, the defendant in 1941 adopted a stringent zoning ordinance, establishing four zones, three of which are entirely residential and the fourth (“D” zone) is for “commercial districts for business centers.” The pertinent…