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BURBRIDGE v. MINE HILL TP.

117 N.J. 376 (1990)

568 A.2d 527

FRANK BURBRIDGE AND ANGELA BURBRIDGE, HIS WIFE; JOHN E. BURBRIDGE AND MARY BURBRIDGE, HIS WIFE; JOSEPH P. BURBRIDGE AND ELAINE BURBRIDGE, HIS WIFE, PLAINTIFFS-RESPONDENTS, v. THE GOVERNING BODY OF THE TOWNSHIP OF MINE HILL, AND THE ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF MINE HILL, DEFENDANTS-RESPONDENTS, AND JOHN G. PASCHAL, DEFENDANT-APPELLANT, AND THELMA PASCHAL, DEFENDANT.

The Supreme Court of New Jersey.

Decided January 23, 1990.

Attorney(s) appearing for the Case

Abraham M. Akselrad argued the cause for appellant (Lovas & Akselrad, attorneys).

Jeffrey E. Michelson argued the cause for respondents The Governing Body of the Township of Mine Hill and The Zoning Board of Adjustment of the Township of Mine Hill (Weiner & Weiner, attorneys).

Richard T. Sweeney argued the cause for respondents Frank Burbridge and Angela Burbridge, his wife; John E. Burbridge and Mary Burbridge, his wife; Joseph P. Burbridge and Elaine Burbridge, his wife, (Sears, Sweeney & Weininger, attorneys).

The opinion of the Court was delivered by CLIFFORD, J.

This appeal focuses on the special reasons and negative criteria that guide a zoning board's consideration of an application for a variance under N.J.S.A. 40:55D-70d. The variance in question sought expansion of a pre-existing nonconforming use of the applicant's property for commercial purposes in a residential zone.

Specifically, the variance, which was granted by the municipal zoning board of...

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