Shell Oil Co. v. Board of Adjustment
Shell Oil Co. v. Board of Adjustment
Opinion of the Court
The opinion of the court was delivered by
Plaintiff was denied an application for a variance from the zoning ordinance of the Township of Hanover to erect a gasoline service station within the boundaries of a 300-acre tract of land owned by the Town of Morristown in Hanover and used for the operation of an airport. See Aviation Services v. Bd. of Adjustment of Hanover Tp., 20 N. J. 275 (1956). The variance was sought because Hanover’s zoning ordinance places the locus in quo in a zone limited to uses for office buildings and research laboratories. Plaintiff then brought this action in lien of prerogative writs to set aside the action of the board of adjustment as arbitrary. The Town of Morristown
We think this case is subject to resolution by confining our consideration to whether the property is proposed to be put to a use reasonably accessorial to airport purposes and not unreasonably antagonistic to the zoning interests of Hanover. The Aviation Services case, supra, held this particular airport to be exempt from zoning control by Hanover, under B. S. 40:8-2, as amended by L. 1947, c. 85, authorizing establishment and operation of airports by municipalities within or without their boundaries. It added the monition, however, that the power was required to be “reasonably exercised in response to the public need, both present and that fairly to be anticipated.” (20 N. J., at p. 285) An instance of unreasonable exercise by a municipality of its right to maintain water supply facilities in another municipality is found in Washington Tp., in Bergen County v. Ridgewood Village, 26 N. J. 578 (1958), which interpreted the requirement in Aviation Services of reasonableness as calling for consideration by the proprietary municipality of the zoning plan of the site municipality and of nearby land uses. (Id., at p. 585)
Although we are not passing upon the reasonableness of the zoning treatment of this property by Hanover, the nature of the surrounding area bears upon the application of the limitation imposed by the Aviation Services and Washington Tp. eases to the effect that the exercise of the airport maintenance power be reasonable in the light of neighboring conditions, surroundings and land uses. Columbia Eoad intersects Park Avenue about 300 feet west of the southwest corner of the airport property. There are no residences on either side of Columbia Eoad for a considerable distance east of the airport. No uses of the type for which the land is now zoned, with one possible exception, exist on that road. There are such nonconforming uses as an automobile showroom, a Public Service metering station, an animal hospital and a milk bar. The airport
The manager of the airport testified that the construction of the service station would contribute substantially to the airport as an integrated air-transport community. Its location at the perimeter of the airport, where the interior access road intersects Columbia Boad, would serve the gasoline needs of visitors to, patrons and personnel of the airport, yet would be desirably removed from the area of direct aircraft operations. At the same time, the location is economically justifiable from the viewpoint of a station operator since it can draw custom from the through traffic along Columbia Boad.
The Aviation Services case holds that it is incumbent upon the courts to “lend a liberal construction to the airport legislation, * * * to insure the benefits which were intended to flow to municipalities having the foresight to maintain these facilities.” (20 N. J., at pp. 285, 286) We think that canon calls for sustaining the proposed establishment of a gasoline service station by the Morris-town Airport Commission at the location in question. It is within the lands acquired for use as an airport by Morris-town. A gasoline station is a reasonable accessorial airport convenience to make available to all those persons having occasion to use or be present at the airport. Cf. Bloomfield v. N. J. Highway Authority, 18 N. J. 237 (1955); Hill v. Collingswood, 9 N. J. 369 (1952). The fact that the municipality will thereby be aided at the same time in meeting the expenses of the general airport operation surely should not derogate from the appropriateness of arranging for such a facility as part of a rounded and well-balanced airport community, absent prohibitory restrictions in the enabling legislation. Nor should the fact that the lessee-operator of the property will be able to conduct his business at a profit because of accrual of non-airport business affect the merits and appropriateness of the project from Morristown’s standpoint as operator of the airport.
Judgment reversed; no costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.