AL Walker, Inc. v. Borough of Stanhope
AL Walker, Inc. v. Borough of Stanhope
Opinion of the Court
The opinion of the court was delivered by
The Appellate Division affirmed the trial court’s judgment of dismissal on the ground that the plaintiff had no standing to maintain the action. See 42 N. J. Super. 182 (1956). Thereafter the plaintiff appealed asserting a constitutional question under B. B. 1:2-1 (a). The defendant has not urged that the plaintiff should have sought certification under B. B. 1:10-2 and we shall assume that the plaintiff’s appeal as of right is properly before us.
The plaintiff is a retail seller of trailer homes. Its sales lot is in Roxbury Township, about four miles from the defendant Borough of Stanhope. There are no other retail sellers of trailer homes in the vicinity. When the plaintiff first began business about nine years ago only one of the 14 communities within an 18-mile radius had any ordinance restrictions governing house-trailers. Uow all of them have such restrictions; some have the effect of wholly prohibiting the parking of mobile homes for occupancy purposes whereas others have the effect of imposing regulations on their use. The plaintiff’s cost of operation has significantly increased because it has been obliged to seek its business at distant places; it formerly did 85% of its business within a radius
The Borough of Stanhope’s ordinance was originally adopted on June 28, 1955. It excluded trailer camps and prohibited the occupancy of any individual trailer as a place of residence for a period exceeding four weeks. Upon the plaintiff’s filing of its complaint to set aside the ordinance the Borough repealed it and on September 26, 1955 adopted a new ordinance which now prohibits the occupancy of any trailer as a place of residence except “in an enclosed building or a licensed trailer camp” and sets forth detailed provisions for the licensing and regulation of trailer camps; the annual license fee for a trailer camp is fixed at $200 and an inspection fee of $1 per day per trailer is also imposed. Thereafter the plaintiff amended its complaint, alleging that the ordinance of September 26, 1955 “specifically and by necessary implication forbids and prohibits the parking of mobile homes for use as dwellings and places of human habitation within the limits of the defendant Borough, on lots individually established as sites for such dwellings” and prohibits all persons from conducting trailer camps or parks within the-Borough by (a) “the imposition of unreasonable rules and regulations,” (b) “the imposition of fees and charges unreasonably high and confiscatory in amount,” and (c) “requiring that the sanitary facilities in any trailer shall be sealed by the licensee during the time when it is located at any camp site.” Cf. Bellington v. East Windsor Tp., 17 N. J. 558 (1955); Edwards v. Mayor, etc., of Borough of Moonachie, 3 N. J. 17 (1949).
In its answer to the plaintiff’s complaint the Borough set forth, as a separate defense, that the plaintiff was not a
Unlike the Federal Constitution, there is no express language in our State Constitution which may be said to coniine the exercise of our judicial power to actual cases and controversies. See U. S. Const., Art. Ill, See. II; N. J. Const., Art. YI, Sec. I. nevertheless, it is clear that we will not render advisory opinions or function in the abstract (New Jersey Turnpike Authority v. Parsons, 3 N. J. 235, 240 (1949)) or entertain proceedings by plaintiffs who do not have sufficient legal standing to maintain their actions. See New Jersey Bankers Ass’n v. Van Riper, 1 N. J. 193 (1948). Cf. Greenspan v. Division of Alcoholic Beverage Control, 12 N. J. 456, 459 (1953); Frankfurter, J., in
In our State, perhaps more than any other, the prerogative writ has been broadly made available as a comprehensive safeguard against wrongful official action. Garrou v. Teaneck Tryon Co., 11 N. J. 294, 302 (1953). In Gimbel v. Peabody, 114 N. J. L. 574, 577 (Sup. Ct. 1935) the plaintiff obtained a writ of certiorari to review proceedings by the Township of Pennsauken and others for the operation of a greyhound racing track in the township. The court set aside the proceedings as violative of the anti-gambling provisions of the Constitution; with respect to the plaintiff’s capacity to sue, it remarked that he had the standing of a citizen and taxpayer and that measures “to test the legality of proceedings in direct violation of the fundamental law of the state should be liberally granted.” In Doremus v. Board of Education of Borough of Hawthorne, 5 N. J. 435 (1950), the court entertained a proceeding to review the constitutionality of
In a recent line of cases dealing with proceedings to set aside wrongful official action, our courts have displayed further evidence of their broad approach to the problem. Haines v. Burlington County Bridge Commission, 1 N. J. Super. 163, 170 (App. Div. 1949); Haines v. Burlington County Bridge Commission, 8 N. J. 539 (1952); see Driscoll v. Burlington-Bristol Bridge Co., 8 N. J. 433 (1952), cert. denied 344 U. S. 838, 73 S. Ct. 25, 97 L. Ed. 652 (1952); Taxpayers Association of Cape May, New Jersey v. City of Cape May, 2 N. J. Super. 27, 31 (App. Div. 1949); Koch v. Borough of Seaside Heights, 40 N. J. Super.
“The action instituted by plaintiff as a taxpayer was founded not only upon an apparent injury to the municipality in a pecuniary sense, thereby implicating the interests of every taxpayer, Scatuorchio v. Jersey City Incinerator Authority, 14 N. J. 72 (1953) ; City of Millville v. Board of Education of City of Millville, 100 N. J. Eq. 162, 166 (Ch. 1926), affirmed 101 N. J. Eq. 303 (E. & A. 1927), but, of even more significance, raised a question of gross illegality and abuse of their public responsibilities by the officials of the Borough. It is now firmly held that an action to vindicate the right of the public to honest and faithful rendition of services by public officials will lie at the instance of a citizen taxpayer totally apart from considerations of pecuniary prejudice to the body politic. Haines v. Burlington County Bridge Commission, 1 N. J. Super. 163, 171 (App. Div. 1949); and see Driscoll v. Burlington-Bristol Bridge Co., 8 N. J. 433, 474-476 (1952), certiorari denied 344 U. S. 838, 73 S. Ct. 25, 97 L. Ed. 652 (1952), rehearing denied 344 U. S. 888, 73 S. Ct. 181, 97 L. Ed. 687 (1952) ; Garrou v. Teanech Tryon Co., 11 N. J. 294, 302 (1953).”
In the instant matter the plaintiff is neither a citizen nor a taxpayer of the Borough of Stanhope. But it nevertheless firmly asserts that the Borough has adopted an unconstitutional or illegal ordinance which has caused it very substantial financial harm; it contends that, in all fairness, it should be permitted to attack the ordinance without seeking the formal intervention of a local resident who has suffered no financial harm; and it suggests that there is more rather than less justification for a liberal approach here, on the issue of standing, than there may have
In the American Can Co. case the Massachusetts Milk Control Board had issued an order which provided that a milk dealer shall charge an extra cent when the milk is sold in a paper container. A manufacturer of paper containers sought to have the order reviewed and an issue arose as to its standing; the Supreme Judicial Court of Massachusetts expressed the view that it was sufficiently
“Generally, it is entirely true, as urged by counsel, that no person in any business has such an interest in possible customers as to enable him to restrain exercise of proper power of the state upon the ground that he will be deprived of patronage. But the injunctions here sought are not against the exercise of any proper power. Appellees asked protection against arbitrary, unreasonable, and unlawful interference with their patrons, and the consequent destruction of their business and property. Their interest is clear and immediate, within the rule approved in Truax v. Raich, Truax v. Corrigan [257 U. S. 312, 42 S. Ct. 124, 66 L. Ed. 254], and Terrace v. Thompson, supra [263 U. S. 197, 44 S. Ct. 15, 68 L. Ed. 255], and many other eases where injunctions have issued to protect business enterprises against interference with the freedom of patrons or customers. Hitchman Coal & Coke Co. v. Mitchell, 245 U. S. 229, 38 S. Ct. 65, 62 L. Ed. 260, L. R. A. 1918C, 497, Ann. Cas. 1918B, 461; Duplex Printing Press Co. v. Deering, 254 U. S. 443, 41 S. Ct. 172, 65 L. Ed. 349, 16 A. L. R. 196; American Steel Foundries v. Tri-City Cent. Trades Council, 257 U. S. 184, 42 S. Ct. 72, 66 L. Ed. 189, 27 A. L. R. 360; Nebraska Dist., etc. v. McKelvie, 262 U. S. 404, 43 S. Ct. 628, 67 L. Ed. 1047; Truax v. Corrigan [257 U. S. 312, 42 S. Ct. 124, 66 L. Ed. 254, 27 A. L. R. 375] and cases there cited.”
See also Joint Anti-Fascist Refugee Committee v. McGrath, supra, 341 U. S., at page 154, 71 S. Ct., at page 639, 95 L. Ed., at page 844; Columbia Broadcasting System,
We are satisfied that, under the particular circumstances presented in the instant matter, the plaintiff may fairly be deemed to have a sufficient standing to maintain its action. There has been real and substantial interference with its business and the serious legal questions it has raised should, in the interest of the public as well as the plaintiff, be passed upon without undue delay. We are not disturbed by the Borough’s spectre that continued logical liberalization of the standing requirement might bring a flood of litigation which would tax our judicial facilities and unduly burden our governmental subdivisions. Justice Holmes long ago pointed out that experience rather than logic is the life of the law — there should be little doubt as to this court’s capacity to deal fairly and effectively with the suggested eventuality. In the meantime, justice would appear to dictate that the plaintiff be afforded an opportunity to be heard on the merits of the claim it has been diligently seeking to assert since the institution of its action in the Law Division.
Reversed.
Reference
- Full Case Name
- AL WALKER, INC., A CORPORATION OF NEW JERSEY v. BOROUGH OF STANHOPE, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT
- Cited By
- 1 case
- Status
- Published