Township of Ewing v. King

Pee Cuhiam.

Defendant appeals a conviction under the “Students Rooming Houses” section of plaintiff township’s zoning ordinance for allowing the occupancy of a dwelling owned by him by more than four students. The ordinance forbids occupancy of a student rooming house by more than four students. The conviction was affirmed by the Mercer County Court and the Appellate Division. In.all tribunals the sole defense was the alleged unconstitutionality of the ordinance. An appeal as of right was taken to this court on the constitutional question. R. 2:2-1 (a)(1).

A motion by defendant for summary…