MEDICI v. BPR CO.


107 N.J. 1 (1987)

526 A.2d 109

MARIO M. MEDICI, PLAINTIFF, AND MADISON PROPERTY COMPANY NO. 4, INTERVENOR-APPELLANT, v. BPR COMPANY, A LIMITED PARTNERSHIP, DEFENDANT-RESPONDENT, AND BOARD OF ADJUSTMENT OF SOUTH PLAINFIELD AND MAYOR AND COUNCIL OF THE BOROUGH OF SOUTH PLAINFIELD, DEFENDANTS.

The Supreme Court of New Jersey.

Decided June 3, 1987.


Attorney(s) appearing for the Case

Daniel S. Bernstein argued the cause for appellant (Bernstein, Hoffman & Clark, attorneys; Daniel S. Bernstein and Suzanne T. Bogad, on the brief).

Carmine D. Campanile argued the cause for respondent (Mandelbaum, Salsburg, Gold, Lazris, Discenza & Steinberg, attorneys).


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

This case invites our reconsideration, for the first time since Kohl v. Mayor of Fair Lawn, 50 N.J. 268 (1967), of the factors that should guide a municipal board of adjustment considering a use-variance application for a commercial use that does not "inherently serve[] the public good." Id. at 279. In this case the proposed...

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