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RIC-CIC CO. v. BASSINDER

252 N.J. Super. 334 (1991)

599 A.2d 943

RIC-CIC COMPANY, A NEW JERSEY PARTNERSHIP, PLAINTIFF-APPELLANT, v. DAVID BASSINDER, CITY OF LONG BRANCH AND LONG BRANCH PLANNING BOARD, DEFENDANTS-RESPONDENTS, AND AGNES C. RICCI AND THOMAS M. RICCI, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided December 11, 1991.

Attorney(s) appearing for the Case

Drew M. Hurley argued the cause for appellant (Greenbaum, Rowe, Smith, Ravin, Davis & Bergstein, attorneys; William D. Grand, of counsel, Drew M. Hurley, on the brief).

Steven M. Berlin argued the cause for respondent David Bassinder (Giordano, Halleran & Ciesla, attorneys; John A. Giunco, of counsel, Guy P. Ryan, on the brief).

Jack A. Serpico argued the cause for respondent Long Branch Planning Board.

Respondent City of Long Branch did not participate in this appeal.

Before Judges KING, DREIER and BROCHIN.

The opinion of the court was delivered by BROCHIN, J.A.D.

The primary issue in this case is whether a "lessee" under a perpetual "lease" has standing to apply to a municipal planning board for zoning variances and site plan approval for construction of a new building on the leased site. Under the facts of this case, we hold that he does have standing and that the granting of the variances and site plan approval was within the board's discretion. But we remand the...

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