First Church of Christ v. Bd. of Adjust., Newark

The opinion of the court was delivered by

Campbell, Chancellor.

The judgments under review are affirmed. This conclusion is based upon the factual findings of the Supreme Court as well as upon its judgment that the zoning ordinance prohibiting public garages, which by definition include gasoline stations, throughout the entire city, is an unlawful exercise of its power of legislation under New Jersey Constitution, article IV, section 6, paragraph 5; Pamph. L. 1928, ch. 274, p. 698; N. J. S. A. 40:55-30.

There are certain structures and uses that have peculiar and unusual characteristics, such as…