Kirsch Holding Co. v. Borough of Manasquan

The opinion of the Court was delivered by

Hall, J.

These cases, consolidated for argument on appeal, concern the validity of essentially identical zoning ordinance provisions of the Boroughs of Manasquan and Belmar prohibiting, inter alia, the “group rental” of seasonal seashore resort living accommodations.

The property owner-parties in both cases had admittedly violated the ordinances. In the Manasquan ease (hereafter Kirsch) the action was in lieu of prerogative writ seeking a determination that the provisions were invalid and an injunction against their enforcement. The Law Division upheld…