LIZAK v. FARIA


180 N.J. Super. 248 (1981)

434 A.2d 659

DIANE LIZAK AND JOHN SOLANO AND MARGE SOLANO, PLAINTIFFS, v. MANUEL AND C. FARIA, TOWNSHIP OF WOODBRIDGE BUILDING DEPARTMENT AND ZONING BOARD OF ADJUSTMENT, DEFENDANTS. MANUEL AND C. FARIA, PLAINTIFFS, v. DIANE LIZAK, JOHN AND MARGE SOLANO, TOWNSHIP OF WOODBRIDGE MUNICIPAL COUNCIL, TOWNSHIP OF WOODBRIDGE BUILDING DEPARTMENT, DEFENDANTS.

Superior Court of New Jersey, Chancery Division Middlesex County.

Decided May 29, 1981.


Attorney(s) appearing for the Case

William W. Hart, Jr. for Diane Lizak and John and Marge Solano.

James P. Nolan for Manuel and C. Faria (Venezia & Nolan, attorneys).

Robert F. Dato for Township of Woodbridge Building Department and Township of Woodbridge Municipal Council (Dato, Kracht & Gill, attorneys).

Francis J. Reilly for Township of Woodbridge Zoning Board of Adjustment.


COHEN, J.S.C.

This case presents a number of questions about the effect of a statutory grant of a variance by inaction, that is, by failure of prompt board of adjustment decision. Mr. and Mrs. Faria own a mixed-use building in Woodbridge Township. They wished to enlarge the building in a way that would violate dimensional limitations of the zoning ordinance. They therefore applied to the Woodbridge Board of Adjustment for variances from the front, side and rear yard...

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