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Trinity Cemetery Ass'n v. Township of Wall
Citations: 170 N.J. 39; 784 A.2d 52; 2001 N.J. LEXIS 1276
Court: Supreme Court of New Jersey; November 8, 2001; New Jersey; State Supreme Court
Two primary issues arise in this appeal concerning the rezoning of property owned by Trinity Cemetery Association, Inc. The first issue is whether the New Jersey Cemetery Act preempts the Township of Wall from rezoning Trinity's property from cemetery to residential use after the Cemetery Board granted a certificate of authority for cemetery use, contingent upon deed recording, which occurred after the ordinance's introduction but before its adoption. The second issue is whether allegations of deception by the municipality, if proven at trial, could invalidate the ordinance that initially zoned the property for cemetery use. The Appellate Division determined that the Cemetery Act does preempt the Township's rezoning attempt but did not consider the deception allegations. In its summary of relevant facts, the court noted that Trinity owns a 6.5-acre vacant lot that was rezoned for cemetery use in 1995 following a proposal for a pastoral cemetery setting. After the Township adopted Ordinance 25-1995, it later consented to the establishment of a cemetery on the property in July 1996. The Cemetery Board issued a certificate of authority to Trinity in December 1996, effective upon the recording of the deed, which Trinity recorded in April 1997 after acquiring title in January 1997. In February 1997, Trinity submitted a site plan application, which included mausoleums. The Township, believing it had been deceived by the previous owner's development proposal, introduced Ordinance 10-1997 to rezone the property back to residential use. After receiving planning board approval, the Township adopted the ordinance on May 14, 1997. Trinity subsequently challenged the validity of Ordinance 10-1997. The court ruled that the Cemetery Act preempted the Township from enacting Ordinance 10-1997, which sought to rezone Trinity's property to residential use after the Cemetery Board had already issued a certificate of authority and recorded the property deed. The Township's actions occurred after Trinity complied with the conditions set by the Cemetery Board. Despite this preemption, the court reversed the Appellate Division's judgment and remanded the case for trial due to allegations of deception by Wall Township, which, if proven, could invalidate the original ordinance that rezoned the land from residential to cemetery use. The Township's affidavits indicated that the original plan for the cemetery was a pastoral setting, while the revised plan showed significant changes, including large mausoleums and a surrounding stone wall. The court referenced precedent that allows a municipal authority to rescind prior relief granted by fraud. The original ordinance allowed mausoleums only as an accessory use and established lot coverage and height limits, which are uncontested. The cemetery operator claims compliance with these limitations. The court did not address the Township's authority regarding the 1995 ordinance's mausoleum provisions, stating that those limitations will apply if the Township loses on remand concerning the deception claims. The case was reversed and remanded for further proceedings.