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SHELL OIL CO. v. ZONING BD. ADJ. SHREWSBURY

127 N.J. Super. 60 (1973)

316 A.2d 64

SHELL OIL COMPANY, PLAINTIFF-RESPONDENT, v. ZONING BOARD OF ADJUSTMENT OF THE BOROUGH OF SHREWSBURY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 21, 1973.

Attorney(s) appearing for the Case

Mr. Robert H. Otten argued the cause for the appellant (Messrs. Crowell & Otten, attorneys; Mr. David W. Clark on the brief.)

Mr. Lawrence A. Carton, III argued the cause for the respondent (Messrs. Pillsbury, Barnacle, Russell & Carton, attorneys; Mr. John G. Colannino on the brief.)

Before Judges KOLOVSKY, MATTHEWS and CRAHAY.

PER CURIAM.

The judgment, ordering the Board of Adjustment to recommend variances for gas station use, is affirmed essentially for the reasons expressed in Judge Lane's opinion in the Law Division.

The trial court recognized the presumption of correctness, fairness and proper motivation that a decision of the Board of Adjustment carries and of its limited scope of judicial review. Also acknowledged was that a Board's acceptance or rejection of the testimony...

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