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STOP & SHOP CO. v. BD. OF ADJUSTMENT

744 A.2d 1169 (2000)

162 N.J. 418

The STOP & SHOP SUPERMARKET COMPANY, a corporation of the State of Delaware and State Street Bank and Trust Company of Connecticut, National Association, not in its individual capacity, but solely as Trustee under a Trust Agreement dated as of April 26, 1994, Plaintiffs-Appellants, v. The BOARD OF ADJUSTMENT OF the TOWNSHIP OF SPRINGFIELD, Colonial Association of Springfield and the Township of Millburn, Defendants-Respondents, and Village Super Market, Inc., a corporation of the State of New Jersey and Sumas Realty Corporation, a corporation of the State of New Jersey, Intervenors-Respondents.

Supreme Court of New Jersey.

Decided February 9, 2000.

Attorney(s) appearing for the Case

James V. Segreto, Haledon, for plaintiffs-appellants (Segreto & Segreto, attorneys; Mr. Segreto and Paul A. Segreto, on the brief).

Roger S. Clapp, Summit, for defendant-respondent the Township of Millburn (Cooper, Rose & English, attorneys; Mr. Clapp and Bruce S. Goodman, on the brief).

Stephen E. Barcan, Woodbridge, for intervenors-respondents, Village Super Market, Inc. and Sumas Realty Corporation (Wilentz, Goldman & Spitzer, attorneys; Mr. Barcan and Donna M. Jennings, on the briefs).

Neil J. Dworkin, Irvington, for defendant-respondent the Board of Adjustment of the Township of Springfield.

Michael S. Feldman, Somerville, for defendant-respondent Colonial Association of Springfield (Wasser & Feldman, attorneys)

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

The principal issue presented by this appeal concerns the extent to which a previously granted use variance to an applicant conducting a retail business use binds the municipality to permit the applicant's transferee, engaged in a different retail business use, to succeed to the rights conferred by the use variance. Stating the question more narrowly, where the prior use variance allowed a retail department store...

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