Cochran v. Planning Board of City of Summit

87 N.J. Super. 526, 210 A.2d 99 (1965)

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Cochran v. Planning Board of City of Summit

New Jersey Superior Court, Law Division
87 N.J. Super. 526, 210 A.2d 99 (1965)

  • Written by Tanya Munson, JD

Facts

In 1963, the planning board of the city of Summit (the city) (defendant) adopted a comprehensive municipal development plan for the city (the master plan). The master plan permitted Ciba Corporation (Ciba) to expand its parking area and research and office space by rezoning 63 acres of land that was part of the Ciba tract in the A-15 zoning district. The A-15 zoning district was limited to one-family residences. Citizens, taxpayers, and owners of land in Summit (the residents) (plaintiffs) challenged the city’s adoption of the master plan, arguing that the master plan was arbitrary, discriminatory, capricious, unreasonable, and an abuse of the planning board’s discretion. The residents requested the court to declare the master plan null and void because it represented the taking of private property for public use without just compensation. The residents alleged that the adoption of the master plan destroys property values. The residents presented expert testimony supporting the alleged decrease in property values, but none of the residents had yet attempted to sell their property to show the decrease first-hand. The city argued that the residents failed to allege and prove injury to their property and thus their legal questions were premature and did not present justiciable controversies.

Rule of Law

Issue

Holding and Reasoning (Feller, J.)

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