Marta v. Sullivan

HERRMANN, Justice:

The determinative question in this zoning case is whether the controlling section of the Newark Zoning Ordinance [Section 501(d)] 1 contains sufficient standards and guidelines to constitute a lawful delegation of legislative power and to afford due process. We think not.

I

The appellant, Albert H. Marta, applied for a permit to construct garden-type apartment buildings in a Residential “RD” District in the City of Newark. Under Section 501(d) of the Newark Zoning Ordinance, apartments are a permitted use in such District “when authorized by the Board of Adjustment after…