Application for a use variance based on the assertion that the site is "particularly suitable" for the proposed use does not require proof that the site is the only possible location.
June 27, 2013 at 11:06 AM
1 minute read
Price v. Himeji, L.L.C., and Union City Zoning Bd. of Adjustment, A-46 September Term 2011; Supreme Court; opinion by Hoens, J.; decided June 25, 2013. On certification to the Appellate Division. [Sat below: Judges +, + and + in the Appellate Division; Judge + in the Law Division.] DDS No. 26-1-0418 [54 pp.]
This appeal requires the court to consider two issues relating to applications for zoning variances pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 to -163.
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