Allstate Ins. Co. v. Mccolly Realtors, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that MLUL \exhibits a preference for municipal land use planning by ordinance rather than by variance\
• noting that in exercising original jurisdiction, an appellate court \appl[ies] the same standard and scope of review as would the decision-maker into whose place [it] step[s]\
• affirming Appellate Division's decision to resolve the matter through review of the provided record rather than through remand
• noting Rule 2:10-5 “allow[s an] appellate court to exercise original jurisdiction to eliminate unnecessary further litigation, but discourage[s] its use if factfinding is A-1101-24 7 involved”
• noting MLUL's preference for land use planning by ordinance rather than variance, and that A-0953-23 25 zoning board may not, by variance, usurp legislative power reserved to municipality's governing body
• acknowledging the Board of Adjustment's superior \knowledge of local circumstances\ entitles it broad deference

Source: CourtListener parenthetical corpus (CC0).