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Town of Belleville v. Parrillo’s, Inc.

New Jersey Supreme Court
416 A.2d 388 (N.J. 1980)


Facts

Parrillo’s (defendant) operated as a restaurant in the Town of Belleville (plaintiff). Subsequently, Belleville enacted zoning ordinances itemizing permitted uses for each zone. In the zone where Parrillo’s was located, operating a restaurant was not permitted under the new zoning laws. However, because Parrillo’s operated as a restaurant prior to the enactment of the laws, it was permitted to continue operating as a restaurant because of its preexisting nonconforming use. However, some years later, Parrillo’s ceased its primary operation as a restaurant and began operating as a discotheque, which was also not permitted under the new zoning regulations. Parrillo’s applied for a discotheque license, but was denied. When Parrillo’s continued to operate as a discotheque, the town filed charges. The municipal court found against Parrillo’s. The New Jersey Superior Court, Law Division affirmed the finding against Parrillo’s. The New Jersey Superior Court, Appellate Division reversed. The Town of Bellville appealed.

Rule of Law

Issue

Holding and Reasoning (Clifford, J.)

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