· 6/21/1988
Kaufmann v. Planning Bd. for Warren Tp.
Citations
- 542 A.2d 457
- 110 N.J. 551
- 1988 N.J. LEXIS 50
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that c(2) “purpose” requirement may be met by advancing “specific purposes of zoning set forth in the MLUL”
- zoning benefits arising from more harmonious lot sizes in a neighborhood can justify a (c)(2) variance for insufficient frontage and side yard setback
- explaining a grant of a (c)(2) variance \must be rooted in the purposes of zoning and planning itself and must advance the purposes of the MLUL.\
- \the board is not free to grant variances from existing requirements just because it disagrees with those requirements\
- MLUL designed to promote one-stop shopping by giving each board ancillary jurisdiction
- land-use decision trusted to sound discretion of municipal boards, which are to be guided by positive and negative criteria of enabling statutes; Legislature intended to vest larger amount of discretion with local boards in allowing them to grant “c” variances
Source: CourtListener parenthetical corpus (CC0).
Judges: O'Hern
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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