Tidewater Oil Co. v. Mayor and Council of Borough of Carteret

The opinion of the court was delivered

This case challenges the validity of provisions of the zoning ordinance of the Borough of Carteret which forbid plaintiff Tidewater Oil Company (Tidewater) from erecting and operating in the “Heavy Industrial B” zone a “tank farm” to store petroleum products for bulk sale, distribution and ultimate off-premises consumption. The nub of the claim is that this use is permitted in the “Heavy In dustrial A” zone, that uses more objectionable are allowed in the B zone and that the prohibition is therefore arbitrary and unlawfully discriminatory.

The trial court…