89 N.J. Super. 313 - Andover Tp. v. Lake’s Empirical Analysis
1965
Citation profile
17 state decisions
How this case has been cited
Cited by 17 later decisions — most recently March 2003
17 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Vickers v. Tp. Committee of Gloucester Tp. · N. J. Good Humor, Inc. v. Board of Commissioners of Bradley Beach · Commonwealth v. Hanzlik · Commonwealth v. Maletsky · Fanale v. Borough of Hasbrouck Heights
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The State, in the exercise of its police power, has authority to prevent or abate nuisances, and under this power, and subject to constitutional limitations, the legislature has authority to declare what shall be deemed nuisances and to provide for their suppression. * * *. But this power cannot be made a cloak for confiscation or for withdrawing property from the protection of the law. The legislature has no power arbitrarily or capriciously to declare any or every act a nuisance, and cannot enlarge its power over property or pursuits by declaring them nuisances; nor can it by mere declaration make that a nuisance which is not so in fact and thereby destroy or prevent a lawful use of property. The action of the legislature in this regard is subject to review by the courts. Although much must be left to the discretion of the legislature it usurps judicial power when it declares an act a nuisance when it is not.””
1 later decision quote this exact passage · from the majority““But where the invalidity of the use prior to the effective date of the zoning restriction lies in failure to secure a license required by an ordinance adopted pursuant to the general police power, other than a zoning ordinance or an ordinance regulating use of the land as distinguished from regulation of an activity upon land in general, it is generally held that such an invalidity does not preclude acquisition of a nonconforming use protected as against the operation of the subsequent zoning restriction.””
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.