Vickers v. Tp. Committee of Gloucester Tp.

181 A.2d 129, 37 N.J. 232, 1962 N.J. LEXIS 218
CourtSupreme Court of New Jersey
DecidedMay 7, 1962
StatusPublished
Cited by87 cases

This text of 181 A.2d 129 (Vickers v. Tp. Committee of Gloucester Tp.) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Vickers v. Tp. Committee of Gloucester Tp., 181 A.2d 129, 37 N.J. 232, 1962 N.J. LEXIS 218 (N.J. 1962).

Opinions

The opinion of the court was delivered by

Peoctoe, J.

In this proceeding plaintiff Harold E. Vickers challenges the validity of an amendment to the zoning ordinance of the defendant Gloucester Township. This amendment prohibits “Keeping, locating, establishing, maintaining or operating a trailer camp, trailer park * * *” in its industrial district.1 After hearings, the Superior Court, Law Division, sustained the validity of the amendment. On plaintiff’s appeal the Appellate Division reversed. 68 N. J. Super. 263 (1961). The township appeals to this court under R. R. 1:2-1 (a).

On July 1, 1957 the township adopted a comprehensive zoning ordinance establishing Eesidence Districts “A,” “B,” “C,” “D,” a Business District, an Agricultural District and [235]*235an Industrial District. The ordinance enumerated the uses permitted within all residence, business and agricultural districts, not mentioning trailer camps. The section regulating uses within the industrial district was drafted in different form; it permitted lands to be used and buildings to be erected for any lawful purpose with the exception of 41 specified uses. Trailer camps were not among the barred uses. By the terms of the ordinance dwellings which conformed to the requirements of the “A” residence district were permitted in the industrial district, provided prior approval of the Board of Adjustment was obtained. “A” residence district houses were required to be “One-family detached dwellings” located on a lot not less than 75 by 125 feet with at least 800 square feet of usable first floor area.

On September 3, 1957 the township adopted an ordinance entitled “An Ordinance to Regulate and Control Trailers, Trailer Coaches, Camp Cars and Trailer Camps in the Township of Gloucester.” (Trailer Ordinance.) The effect of this ordinance and the zoning ordinance was to repeal a 1947 trailer ordinance barring trailer camps in the entire township and to ban such camps in the residence, business and agricultural districts, but permit them in the industrial district. At present there are no trailer camps in the township.

In April 1959 this court decided Napierkowski v. Township of Gloucester, 29 N. J. 481, which concerned the validity of the zoning ordinance as it applied to trailers in residential districts. We held “the provisions of the zoning ordinance prohibiting the location of trailers in residence districts * * * bears a reasonable relationship to the purposes of zoning as outlined in R. S. 40:55-32, and should be upheld.” Id., at p. 496. We expressly left open the question of whether such uses could be completely excluded from the township. Id., at p. 497.

On August 26, 1959 Vickers applied to the township for a permit to operate a trailer camp upon his ten acres of [236]*236industrially zoned land which he had purchased in November 1957. While this application was pending, he acquired ten additional acres of land across the road from his prior holdings but still within the industrial district. The Township Committee denied his application in a letter dated December 8, 1959. As a result, Yickers instituted an action in lieu of prerogative writ on December 30, 1959, wherein he alleged he had complied with the Trailer Ordinance requirements and sought a judgment compelling the township to grant him permission to operate his proposed trailer camp. In their answer, the defendants stated that plaintiff’s application was denied because his plans did not meet the requisite health standards and that the granting of the permit would be in violation of the zoning ordinance, subdivision ordinance and building code.

Much of the testimony introduced by the plaintiff at the trial on March 17, 1960, concerned his compliance with the requirements of the State Department of Health. Plaintiff also introduced evidence as to the characteristics of the township, particularly the area surrounding his property. This area is almost entirely in the industrial district (an “A” residential district is not far from Yickers’ lands) and is for the most part undeveloped. Several buildings ranging from dilapidated shacks to modest homes are situated in the immediate vicinity of plaintiff’s property. There are no residential developments or industrial plants in this area, nor are there any between plaintiff’s land and the Freeway which runs through the township and is about two miles west of the property. An expert called by plaintiff testified that plaintiff’s land could be appropriately used as a trailer camp site and that such use would not have an adverse economic effect upon the neighborhood.

Apparently realizing during the course of the trial that his application and plans did not meet the required standards of the State Department of Health, plaintiff moved for an opportunity to amend his application and plans as submitted. The court granted plaintiff’s motion and further [237]*237allowed the township to “take such administrative action and review what action they may be desirous of taking in the interim time, which means that the Court will hold this issue in abeyance until such time as those amendatory actions are taken on the part of both parties.” The trial was adjourned for an unspecified period.

The plaintiff’s amended plans were submitted to the Township Committee at a meeting held on April 1, 1960. At that meeting the Mayor announced that a “proposed amendment to the Zoning Ordinance to exclude trailer camps is being submitted to the Planning Board for its consideration and comment at its next meeting, to be held April 5, 1960.” After this announcement the1 Committee meeting was adjourned until April 5, 1960, “to take up any action regarding such proposed zoning ordinance amendment, and any other things that may be considered at the adjourned meeting.” At the Township Committee meeting held April 5, 1960, the amending ordinance barring trailer camps from the industrial district and an ordinance repealing the Trailer Ordinance were read for the first time. The Township Planning Board met and approved the amending ordinance on the same night. In a letter formally notifying the Township Committee of this action, the Planning Board stated:

“The Board believes that trailer camps do not contribute anything to the general appearance of the local scenery and do not enhance the use or value of the local real estate and, in fact, do have a directly opposite effect, that the areas where they may exist are prejudiced thereby, that real estate values instead of being preserved or enhanced, would be depreciated, that the establishment of such camps would retard and, perhaps, choke the development of real estate for the area. To permit trailer camps and camp sites would not be in the interest of the general welfare of the community. The Board, therefore, registers its approval of the amendment * * *”

This letter was read to the Township Committee at its next meeting which was held on April 22, 1960. At that meeting the zoning ordinance and the ordinance repealing the [238]*238Trailer Ordinance were read for the second time and adopted by the Township Committee. The minutes disclose the following:

“Mayor Yost, Mr. Harrison and Mr.

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Bluebook (online)
181 A.2d 129, 37 N.J. 232, 1962 N.J. LEXIS 218, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vickers-v-tp-committee-of-gloucester-tp-nj-1962.