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URBAN v. PLANNING BD.

124 N.J. 651 (1991)

592 A.2d 240

RONALD AND LINDA URBAN, IRA SCHULMAN, ROBERT R. ZANES, AND DAVID AND JUDY DELANEY SHIRLEY, PLAINTIFFS, AND RAYMOND M. TOMASSO, JR., RAYMOND TOMASSO, SR. AND DOROTHY TOMASSO, PLAINTIFFS-APPELLANTS, v. PLANNING BOARD OF THE BOROUGH OF MANASQUAN, MONMOUTH COUNTY, NEW JERSEY, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided July 18, 1991.

Attorney(s) appearing for the Case

Thomas E. O'Brien argued the cause for appellants (Bathgate, Wegener, Wouters & Neumann, attorneys).

Michael R. Rubino, Jr., argued the cause for respondent (Fay, Pandolfe, Shaw & Rubino, attorneys).

Fred G. Stickel, III, General Counsel, submitted a letter brief on behalf of amicus curiae New Jersey State League of Municipalities.

Alan J. Pogarsky, President, submitted a letter brief on behalf of amicus curiae New Jersey State Bar Association.

The opinion of the Court was delivered by O'HERN, J.

The question in this appeal is whether an existing nonconforming parcel of land occupied by several dwelling structures is divisible as a matter of right into multiple nonconforming lots accommodating each of the structures. We hold that such a division is a subdivision of land within the meaning of the Municipal Land Use Law of 1975 (MLUL), N.J.S.A. 40:55D-1 to -112, and that such a subdivision may be granted...

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