Homeowners sought review of decision of borough planning and zoning commission to approve a zoning amendment regulating short-term rentals of homes in borough that was a very small, largely seasonal community.
The Superior Court granted homeowners’ motion for summary judgment after denying commission’s motion to dismiss for lack of subject matter jurisdiction. Commission petitioned for certification to appeal, which was granted. The Appellate Court affirmed. Commission appealed.
The Supreme Court held that:
- Newspaper in which borough published notice of zoning changes satisfied the “substantial circulation” component of statutory notice requirement, and
- Borough’s compliance with statutory notice requirement required dismissal of untimely zoning appeal.