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Pierro v. Baxendale | 20 N.J. 17, 118 A.2d 401 (1955)

A municipality’s zoning authority derives from a state’s police power, that is, the power to promote public health, safety, and welfare. This means that zoning authority is typically broad, but it’s not unlimited. One limit on zoning authority is the Fourteenth Amendment Due Process Clause, which prohibits unreasonable, arbitrary, or capricious zoning laws. In Pierro versus Baxendale, the court evaluated the reasonableness of a municipal zoning ordinance.

A zoning ordinance for the Borough of Palisades Park, New Jersey, divided the borough into residential, business, and industrial districts. Alphonse and Frank Pierro owned land in District A, a residential district expressly zoned for one- and two-family homes, apartment buildings, and boarding houses. The original zoning ordinance neither expressly permitted nor expressly prohibited motels in District A. In nineteen fifty-four, the borough enacted a supplemental zoning ordinance expressly prohibiting the operation of motels anywhere in Palisades Park.

The Pierros wanted to build a twenty-seven-unit motel on their land, so they filed a complaint in state trial court challenging the constitutionality of the supplemental ordinance. The Pierros argued that the supplemental ordinance violated their due-process rights because it was unreasonable for the borough to permit boarding houses in a residential district while prohibiting motels. The trial court found that there was no reasonable distinction between a motel and a boarding house and concluded that the supplemental ordinance was invalid. The borough appealed to the New Jersey Supreme Court.

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