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14 Zoning Dig. 1 (1962)

handle is hein.journals/planevirw14 and id is 1 raw text is: Hugh Pomeroy as Expert Witness: 11 Last month, we printed the first part of Hugh Pomeroy's expert testimony in one of the Minnesota Mining cases (Depew v. Township of Hillsborough, which was ultimately decided together with Kozesnik v. Township of Montgomery, 131 A.2d 1, 9 ZD 146 (New Jersey 1957)). The following material is adapted from the remainder of his testimony in the same case. Summary As explained last month, the case arose out of the township's rezoning of several hundred acres at Sourland Mountain. The mountain contains an unusual type of rock which the Minnesota Mining & Manufacturing Company proposed to quarry for ultimate use as roofing granules. The rezoned land was placed in a special limited industrial district. As in adjacent zones, residential and agricultural uses were permitted in this dis- trict. As an alternative to these uses, the district regulations also permitted quarrying on tracts of 200 acres or more. Owners of nearby property brought this action challenging the validity of the rezoning. Both the trial court and the Supreme Court held the rezoning valid. Mr. Pomeroy's testimony began with the opinion that the land in ques- tion is peculiarly suitable for a quarry, and that this proposed industrial use would not bring about a general industrialization of the community or the surrounding area. He went on to suggest that such a quarry would involve no municipal expense for water, sewerage, roads or policing, and that any adverse effects of the quarry on nearby residential uses would be so minor that they should not be taken into account in considering the appropriateness of the land use. The questioning by Fred G. Stickel, III, continues: January 1962 1

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