Rockhill v. Chesterfield Township

In 1955, Chesterfield Township (defendant) adopted an ordinance that restricted the location, size, and use of buildings in the township, provided for its administration and enforcement, and established a zoning board of adjustment. The purpose of the ordinance was declared to be to further public-policy objectives and support the general welfare of the township. The ordinance required planning-board approval for most zoning permits beyond a narrowly enumerated set of permitted uses that abided by strict standards. The ordinance permitted certain special structures and uses if they abided by particular conditions and specifications and were approved by the planning board. The ordinance also prohibited several uses altogether. Certain special uses were permitted if they met all requirements and were deemed desirable. To obtain a special-use permit, one would have to submit an application to the planning board for a zoning permit. The board would hear applications for zoning permits and investigate the matter, then submit a recommendation to the governing body. The governing body would then approve or disprove the application. Rockhill (plaintiff) challenged the ordinance in the superior court. The superior court set aside the portion of the ordinance that the planning board may permit a use that is not specifically prohibited based on whether the board deems it to be desirable and in the best interest of the township but sustained the rest of the ordinance. Rockhill appealed.