SCHRIDE ASSOC. v. WALL TP.


190 N.J. Super. 589 (1983)

464 A.2d 1189

SCHRIDE ASSOCIATES, A LIMITED PARTNERSHIP UNDER THE LAWS OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. TOWNSHIP OF WALL, IN THE COUNTY OF MONMOUTH, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, BOARD OF ADJUSTMENT OF THE TOWNSHIP OF WALL, A PUBLIC BODY CORPORATE, FREDA G. MERCER, LAND USE OFFICER OF THE TOWNSHIP OF WALL AND TOWNSHIP COMMITTEE OF THE TOWNSHIP OF WALL, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided August 3, 1983.


Attorney(s) appearing for the Case

John Jay Mangini argued the cause for appellants Wall Tp., Mercer and Wall Tp. Committee (Mangini, Gilroy, Cramer & McLaughlin, attorneys; Roger J. McLaughlin, on the brief).

Thomas J. Hirsch argued the cause for appellant Board of Adjustment (Schaefer, Crawford & Hirsch, attorneys; Thomas J. Hirsch, on the brief).

Jeffrey A. Donner argued the cause for respondent (Giordano, Halleran & Crahay, attorneys; Jeffrey A. Donner, on the brief).

Before Judges BOTTER, POLOW and BRODY.


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

The issue decided on this appeal is whether the Wall Township Board of Adjustment (Board) has the power to grant plaintiff's application for bulk and use variances to permit a planned unit development (PUD) on plaintiff's 42 acre tract even though the township has no ordinance that provides for planned developments.1 The trial court...

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