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CASTROLL v. TOWNSHIP OF FRANKLIN

161 N.J. Super. 190 (1978)

391 A.2d 544

HARRY E. CASTROLL ET AL., PLAINTIFFS-RESPONDENTS, v. TOWNSHIP OF FRANKLIN ET AL, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided July 24, 1978.

Attorney(s) appearing for the Case

Thomas J. Cafferty, attorney for appellants.

Norris, McLaughlin & Marcus, P.C., attorneys for respondent (Mr. Richard A. Norris on the brief).

Before Judges ALLCORN, HORN and FURMAN.

PER CURIAM.

A review of the record in this case makes plain that plaintiffs-developers completely failed to establish any special reasons within the contemplation of subsection (d) of N.J.S.A. 40:55-39, which would warrant or justify the recommendation or grant of the requested use variance sought by them. Likewise, the proofs were deficient in establishing fulfillment of the negative criteria. Such were also the conclusions of the municipal governing body...

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