Wilson v. Borough of Mountainside

The opinion of the court was delivered by

Hall, J.

This case tests the validity of the use zoning of plaintiffs’ 12-acre tract fronting on U. S. Highway Route 22 in the Borough of Mountainside, Union County. They were denied a recommendation for a variance by the board of adjustment, N. J. S. A. 40:55-39(d), to permit commercial utilization of the entire parcel instead of a limited business use in one corner allowed by an earlier variance and single-family residential use specified for the parcel by the current municipal zoning ordinance. This action in lieu of prerogative writ was then…