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NAJDUCH v. INDEPENDENCE PLANNING BD.

No. A-2900-08T1

985 A.2d 663 (2009)

411 N.J. Super. 268

Wayne NAJDUCH and Andrea Najduch, Plaintiffs-Respondents, v. TOWNSHIP OF INDEPENDENCE PLANNING BOARD, Township of Independence, Township of Independence Committee and Liberty Square 517, LLC, Defendants-Respondents, and Owen Properties, LLC, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided December 30, 2009.

Attorney(s) appearing for the Case

Christopher E. Hartmann, Morristown, argued the cause for appellant Owen Properties, LLC (Wacks & Hartmann, attorneys; Mr. Hartmann, of counsel and on the briefs).

Daniel E. Somers, Morristown, argued the cause for respondents Wayne Najduch and Andrea Najduch.

No briefs were filed on behalf of the other respondents.

Before Judges SKILLMAN, GILROY and SIMONELLI.

The opinion of the court was delivered by

SKILLMAN, P.J.A.D.

The primary issue presented by this appeal is whether a planning board has authority to grant an application for site plan approval for a development that is prohibited in the zoning district, by conditioning the approval upon the applicant obtaining a use variance from the board of adjustment or a change in the zoning of the development site. We conclude...

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