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COMMERCIAL REALTY v. FIRST ATLANTIC

122 N.J. 546 (1991)

585 A.2d 928

COMMERCIAL REALTY AND RESOURCES CORP., A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. FIRST ATLANTIC PROPERTIES CO. AND THE PLANNING BOARD OF THE TOWNSHIP OF NEPTUNE, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided February 4, 1991.

Attorney(s) appearing for the Case

Albert A. Zager argued the cause for appellant (Carton, Nary, Witt & Arvanitis, attorneys; James D. Carton, III, on the brief).

Peter J. Carton argued the cause for respondent First Atlantic Properties Co. (Crummy, Del Deo, Dolan, Griffinger & Vecchione, attorneys; Peter J. Carton and Henry L. Kent-Smith, on the brief).

Frederick P. Niemann argued the cause for respondent The Planning Board of the Township of Neptune.

David J. Frizell submitted a brief on behalf of amici curiae, David J. Frizell and Harry S. Pozycki, Jr. (Frizell, Pozycki & Meiser, attorneys).

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

Since 1924, when the Legislature first authorized municipalities to adopt zoning ordinances, L. 1924, c. 146, municipal boards of adjustment have been empowered to grant variances from zoning regulations. Preserved in the Municipal Land Use Law (MLUL), L. 1975, c. 291, the variance power is currently codified in subsections c and d of N.J.S.A. 40:55D-70, which impose different standards...

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