TSI East Brunswick, L.L.C. v. Zoning Bd. of Adjustment of Twp. of East Brunswick, A-124 September Term 2011; Supreme Court; opinion by Hoens, J.; decided July 23, 2013. On certification to the Appellate Division. [Sat below: Judge Lihotz and Waugh in the Appellate Division.] DDS No. 26-1-0752 [33 pp.]
In this appeal, the court determines whether, in considering an application for a conditional-use variance under the Municipal Land Use Law (MLUL), the applicant must prove the negative criteria by the enhanced quality of proofs standard established in Medici v. BPR Co.
