Rutgers v. Piluso

286 A.2d 697, 60 N.J. 142 (1972)

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Rutgers v. Piluso

New Jersey Supreme Court
286 A.2d 697, 60 N.J. 142 (1972)

Facts

Rutgers University (plaintiff) was once a private college located in New Jersey. In 1945, the state legislature entered into a contract with Rutgers in which Rutgers provided higher education to New Jersey citizens in exchange for state funds. Under this arrangement, the Rutgers Board of Trustees, a private board, governed the university. In 1956, by an act of the state legislature, Rutgers became a purely public university. Rutgers had a campus in Piscataway Township, New Jersey, where the university owned significant vacant land. Rutgers sought to build housing facilities for married students on Rutgers’ campus in Piscataway. However, a Piscataway zoning ordinance limited housing facilities for married students to no more than 500 units. The purpose of this ordinance, which did not limit housing for unmarried students, was to prevent the growth of families with children so that Piscataway would not be required to build a new elementary school to accommodate the children. Due to significant student growth, Rutgers sought a variance from the township’s Board of Adjustment (the board) (defendant), which was denied. Rutgers then filed a lawsuit against the board, arguing that because Rutgers was an instrumentality of the state, Rutgers was not subject to local zoning ordinances. The trial court granted summary judgment in favor of Rutgers, and the board appealed.

Rule of Law

Issue

Holding and Reasoning (Hall, J.)

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