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TANIS v. TOWNSHIP OF HAMPTON

306 N.J. Super. 588 (1997)

WILLIAM TANIS, JR., PLAINTIFF-APPELLANT, v. TOWNSHIP OF HAMPTON, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, LOCATED IN SUSSEX COUNTY, THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF HAMPTON AND THE ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF HAMPTON, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided December 29, 1997.

Attorney(s) appearing for the Case

Kevin D. Kelly argued the cause for appellant (Kelly, Gaus & Holub, attorneys; Mr. Kelly, on the brief).

Marianne Wuillamey argued the cause for respondents Township of Hampton and the Township Committee of the Township of Hampton (Addas and Potenza, attorneys; Ms. Wuillamey, on the brief).

Robert T. Morgenstern argued the cause for respondents Hampton Township Zoning Board of Adjustment (Dolan and Dolan, attorneys; William M. Cox and Mr. Morgenstern, on the brief).

Before Judges DREIER, KEEFE and WECKER.

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

The question presented by this appeal is whether a private landing strip for small aircraft is a permitted accessory use of farmland property within the meaning of the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. (MLUL), and the local zoning ordinance. For reasons we shall explain in this opinion, we conclude that it is not. In so concluding, and to the extent that our decision is inconsistent therewith...

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