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LIZAK v. FARIA

96 N.J. 482 (1984)

476 A.2d 1189

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

The Supreme Court of New Jersey.

Decided June 19, 1984.

Attorney(s) appearing for the Case

Raymond W. Fisher argued the cause for appellants (Young, Rose & Millspaugh, attorneys).

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

Joseph R. Bulman argued the cause for respondents Township of Woodbridge Municipal Council and the Township of Woodbridge Building Department (Arthur W. Burgess, attorney).

Wayne J. Peck, on behalf of respondent Zoning Board of Adjustment, relied on the argument for respondents Diane Lizak, et al.

The opinion of the Court was delivered by POLLOCK, J.

This case presents questions concerning the interpretation of certain provisions of the Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-1 to -99, that pertain to the failure of a board of adjustment to render a written decision memorializing its oral denial of a request for a variance. At issue is whether the statute converts such a failure into a grant of the variance. Also at issue is whether such statutory...

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