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Pierro v. Baxendale

Supreme Court of New Jersey
118 A.2d 401 (1955)


Facts

Alphonse and Frank Pierro (plaintiffs), owners of land within a residential district in the Borough of Palisades Park (Palisades Park) (defendant) zoned to permit “rooming houses” but not “motels,” sought to build a motel on their property and brought suit attacking the validity of the zoning ordinance as unreasonable and in violation of due process. At trial, the judge held that the distinction between rooming houses and motels was unreasonable and that the plaintiffs were entitled to a permit for their motel. Palisades Park appealed.

Rule of Law

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Issue

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Holding and Reasoning (Jacobs, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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Dissent (Heher, J.)

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