LIZAK v. FARIA


191 N.J. Super. 10 (1983)

465 A.2d 524

DIANE LIZAK AND JOHN SOLANO AND MARGE SOLANO, PLAINTIFFS-RESPONDENTS, v. MANUEL AND C. FARIA, DEFENDANTS-APPELLANTS, AND TOWNSHIP OF WOODBRIDGE AND ZONING BOARD OF ADJUSTMENT, DEFENDANTS-RESPONDENTS. MANUEL AND C. FARIA, PLAINTIFFS-APPELLANTS, v. DIANE LIZAK, JOHN AND MARGE SOLANO, TOWNSHIP OF WOODBRIDGE MUNICIPAL COUNCIL, TOWNSHIP OF WOODBRIDGE BUILDING DEPARTMENT, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided July 11, 1983.


Attorney(s) appearing for the Case

Raymond W. Fisher argued the cause for appellants (Young, Rose & Millspaugh, attorneys; Frederick W. Rose, Raymond W. Fisher and Kenneth C. McBroom, on the brief).

William W. Hart, Jr., argued the cause for respondents Lizak and Solano.

Richard W. Kracht argued the cause for respondents Woodbridge Municipal Council and Woodbridge Building Department (Dato, Kracht & Gill, attorneys).

Francis J. Reilly argued the cause for respondent Woodbridge Zoning Board of Adjustment.

Before Judges BOTTER, POLOW and BRODY.


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

This is another controversy spawned by the troublesome provisions in the Municipal Land Use Law, L. 1975, c. 291; N.J.S.A. 40:55D-1 et seq., which appellants contend transformed a denial of their variance application into approval by reason of the failure of the Board of Adjustment (Board) to adopt a written memorializing resolution...

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