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SANSONE OLDS.-CAD., INC. v. BOARD OF ADJUSTMENT OF SHREWSBURY BOR.

211 N.J. Super. 304 (1986)

511 A.2d 748

SANSONE OLDSMOBILE-CADILLAC, INC., PLAINTIFF, v. THE BOARD OF ADJUSTMENT OF THE BOROUGH OF SHREWSBURY, DEFENDANT, CAROL A. HANLON, DEFENDANT-INTERVENOR.

Superior Court of New Jersey, Law Division Monmouth County.

March 18, 1986.

Attorney(s) appearing for the Case

James J. Shrager, for plaintiff (Hannoch & Weisman, attorneys).

Robert H. Otten, for defendant Board of Adjustment of the Borough of Shrewsbury (Crowell & Otten, attorneys).

John J. Anastasio, for defendant-intervenor Carol A. Hanlon.

MILBERG, A.J.S.C.

The narrow issue presented in this action in lieu of prerogative writs is whether an applicant before a board of adjustment has an absolute right to withdraw a pending variance application, without prejudice, prior to a formal vote thereon.

Plaintiff, Sansone Oldsmobile-Cadillac, Inc. (Sansone) operates an automobile dealership located on Newman Springs Road in the Borough of Red Bank, Monmouth County, New Jersey. In or around 1984, Sansone...

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