Vacca v. Stika

The opinion of the court was delivered by

Vanderbilt, C. J.

The question here is whether the plaintiff is entitled to compel the Borough Clerk of Little Eerry to issue to him a license to operate a used car lot on a parcel of land zoned for business but in violation of Tecord deed restrictions imposed upon the land by the borough when it was the owner thereof.

The property in question was zoned for business pursuant to an ordinance adopted by the borough in 1937. In September 1940 the borough conveyed a large tract of land, including the lot in question, to Leonia Homes, Inc., and in so doing…