# First Church of Christ v. Bd. of Adjust., Newark

> Supreme Court of New Jersey · May 14, 1942 · 128 N.J.L. 376

URL: https://www.frixlaw.com/law-library/cases/3557533

## Case

- **Full name:** First Church of Christ, Scientist, Newark, New Jersey, Prosecutor-Respondent, v. Board of Adjustment of the City of Newark, New Jersey, Defendant-Appellant; Gulf Oil Company, Prosecutor-Respondent, v. the Board of Commissioners of the City of Newark Et Al., Defendants-Appellants
- **Court:** Supreme Court of New Jersey
- **Decided:** May 14, 1942
- **Citations:** 128 N.J.L. 376; 26 A.2d 246
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Campbell
- **Judges:** Campbell, Parker
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3557533

## Opinion text

The opinion of the court was delivered by
Campbell, Chancellor.
The judgments under review are affirmed. This conclusion is based upon the factual findings of the Supreme Court as well as upon its judgment that the zoning ordinance prohibiting public garages, which by definition include gasoline stations, throughout the entire city, is an unlawful exercise of its power of legislation under New Jersey Constitution, article IV, section 6, paragraph 5;
Pamph. L.
1928,
ch.
274,
p.
698; N.
J. S. A.
40:55-30.
There are certain structures and uses that have peculiar and unusual characteristics, such as those here under consideration, that put them in a class apart from other structures and uses and, while public necessities, may have a particular bearing upon the public safety and general welfare if not located with due consideration of conditions, surroundings, necessity and convenience, necessitating and requiring a proper method of regulation but not warranting an absolute prohibition.
It is argued by appellant that the Newark ordinance is within the doctrine of
Schnell
v.
Ocean (Supreme Court),
120
N. J. L.
194, but that is not so.
The ordinance in
Schnell
v.
Ocean, supra,
did not provide for any zone in which these structures might be erected or used and did not purport to bo an exercise of the zoning
*378
power but of the general police power to regulate -gasoline stations and kindred structures and uses because of their peculiar characteristics and it laid down a standard for the guidance of the board of adjustment, which was whether, in its judgment the structure and use would be detrimental to the health, safety, and general welfare and was reasonably necessary for the convenience of the community. It was held that this was property delegated to the adjustment board under subdivision 4 of section 9 of the
Zoning
Act,
Pamph. L.
1928,
p.
698;
R. S.
1937, 40:55-39,
et seq.
This finding is approved and adopted by us. There was no such standard or criterion in the Newark ordinance but, on the contrary, a fiat prohibition.
The judgments under review are affirmed, with costs.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3557533. Public record. Not legal advice.