Lusardi v. Curtis Point Property Owners Ass'n

The opinion of the Court was delivered by

PASHMAN, J.

The Court must determine in this case whether Brick Township’s zoning ordinance is invalid on the ground that it unlawfully prohibits recreational use of privately owned unimproved oceanfront property. More specifically, the issue is whether a municipality’s obligation “to encourage the most appropriate use of land,” N.J.S.A. 40:55D-62(a), prevents it from zoning vacant land along the Atlantic Ocean for single family residential use only. The trial court held that the Township’s zoning ordinance is invalid insofar as it prohibits…