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TP. OF DOVER v. BD. OF ADJ. OF TP. OF DOVER

158 N.J. Super. 401 (1978)

386 A.2d 421

TOWNSHIP OF DOVER, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. BOARD OF ADJUSTMENT OF THE TOWNSHIP OF DOVER, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, AND VILLAGES OF '76, A PARTNERSHIP, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided April 10, 1978.

Attorney(s) appearing for the Case

Mr. Raymond A. Hayser, Director of Law, Dover Township Law Department, argued the cause for appellant (Mr. Joseph L. Foster, First Assistant Township Attorney, on the brief).

Mr. John Paul Doyle argued the cause for respondent Board of Adjustment of the Township of Dover (Messrs. Doyle and Oles, attorneys).

Mr. John F. Russo argued the cause for respondent Villages of '76 (Messrs. Russo & Courtney, attorneys; Mr. Leonard W. Roeber on the brief).

Before Judges MICHELS, PRESSLER and BILDER.

The opinion of the court was delivered by PRESSLER, J.A.D.

The single issue before us is whether a municipal governing body has standing to challenge, by way of an action in lieu of prerogative writs, the grant by the municipality's board of adjustment of a bulk variance on the ground that the nature of the relief afforded by the board is so expansive in nature and impact as to have infringed upon the governing body's exclusive statutory power to zone and rezone....

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