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DAVIS ENTERPRISES v. KARPF

105 N.J. 476 (1987)

523 A.2d 137

DAVIS ENTERPRISES, A PARTNERSHIP, PLAINTIFF-RESPONDENT, v. RICHARD KARPF, DEFENDANT-APPELLANT, AND JACK KARPF AND PLANNING BOARD OF THE TOWNSHIP OF CHERRY HILL, DEFENDANTS.

The Supreme Court of New Jersey.

Decided March 31, 1987.

Attorney(s) appearing for the Case

Michael N. Kouvatas argued the cause for appellant (Michael Kouvatas, attorney; Richard C. Borton, on the brief).

Gerald E. Haughey argued the cause for respondent (Brandt, Haughey, Penberthy, Lewis & Hyland, attorneys).

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

This appeal presents the question whether a "hardship" variance sought pursuant to N.J.S.A. 40:55D-70(c) must be denied because an adjoining property owner offers to purchase the property at fair market value. Defendant, Planning Board of the Township of Cherry Hill (the Board), determined that the offer did not compel the denial of the variance and that the offer was one factor, among others, to be...

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