From Casetext: Smarter Legal Research

Miriam Homes, Inc. v. Zoning Bd. of Adj. Perth Amboy

Supreme Court of New Jersey
Mar 13, 1978
384 A.2d 143 (N.J. 1978)

Opinion

Argued March 21, 1977 —

Decided March 13, 1978.

On appeal from the Superior Court, Appellate Division.

Mr. Sanford Rader argued the cause for appellant ( Messrs. Kovacs, Anderson, Horowitz, attorneys).

Mr. Richard D. Millet argued the cause for respondents.


The judgment is affirmed substantially for the reasons expressed in the majority opinion of the Appellate Division, reported at 156 N.J. Super. 456.


We dissent essentially for the reasons stated in Judge Horn's dissenting opinion. It is our understanding that, although the majority has approved zoning the plaintiff's property into idleness, the plaintiff is not precluded from instituting an action for inverse condemnation or other appropriate relief to avoid payment of taxes on sterile property.

For affirmance — Chief Justice HUGHES, Justices SULLIVAN and CLIFFORD and Judge CONFORD — 4.

For reversal — Justices PASHMAN and SCHREIBER — 2.


Summaries of

Miriam Homes, Inc. v. Zoning Bd. of Adj. Perth Amboy

Supreme Court of New Jersey
Mar 13, 1978
384 A.2d 143 (N.J. 1978)
Case details for

Miriam Homes, Inc. v. Zoning Bd. of Adj. Perth Amboy

Case Details

Full title:MIRIAM HOMES, INC., A CORPORATION OF THE STATE OF NEW JERSEY…

Court:Supreme Court of New Jersey

Date published: Mar 13, 1978

Citations

384 A.2d 143 (N.J. 1978)
384 A.2d 143

Citing Cases

Geo. F. Barnes Land Corp. v. Wyckoff Tp. Bd.

Thus, defendant was not responsible for the loss. This is not a case like Miriam Homes, Inc. v. Perth Amboy…

Henry v. New Jersey Department of Human Services

In re Albano, 75 N.J. 509, 384 A.2d 144 (1978) (6 Justices + 1 judge temporarily assigned). Miriam Homes,…