Payne v. Borough of Sea Bright

This is a rule to show cause why a writ of certiorari should not issue to review (a) the zoning ordinance of the borough of Sea Bright, and (b) the conviction of the prosecutor in the Recorder’s Court on a complaint of violating that ordinance by undertaking to erect a building for restaurant purposes in a district zoned as residential.

The first phase may be disposed of in a few words. The law is thoroughly settled that an ordinance will not be set aside on certiorari as unreasonable unless it is unreasonable in toio, and that attack on any part of it involving a penalty for disobedience must…