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ISKO ET ALS. v. PLANNING BD. OF TP. OF LIVINGSTON

51 N.J. 162 (1968)

238 A.2d 457

IRVING ISKO, GEORGE FUCHS, LEONARD WOLFE, MORTON SCHWARTZ, RICHARD SLUTZKER, SAMUEL RATNER, SHELDON HORING, THEODORE SCHATZBERG AND LLOYD JANOW, PLAINTIFFS-APPELLANTS, v. PLANNING BOARD OF THE TOWNSHIP OF LIVINGSTON, BOARD OF ADJUSTMENT OF THE TOWNSHIP OF LIVINGSTON AND THE TOWNSHIP OF LIVINGSTON, A MUNICIPAL CORPORATION, AND ST. BARNABAS MEDICAL CENTER, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided February 5, 1968.

Attorney(s) appearing for the Case

Mr. David Schechner argued the cause for appellants (Messrs. Schechner and Targan, attorneys).

Mr. Louis Sherman argued the cause for respondent Board of Adjustment of the Township of Livingston (Messrs. Raff, Sherman & Scheider, attorneys).

Mr. Charles Danzig argued the cause for respondent St. Barnabas Medical Center (Mr. Benjamin P. Michel on the brief; Messrs. Riker, Danzig, Scherer & Brown, attorneys).

The opinion of the court was delivered by FRANCIS, J.

The Board of Adjustment of the Township of Livingston granted what it designated a variance from the building height restrictions of the township zoning ordinance to permit St. Barnabas Medical Center to construct a wing to be added to its existing main hospital building located on Old Short Hills Road. The Planning Board thereafter approved the site plan as required by the ordinance. Plaintiffs, residents and...

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