COMMITTEE FOR A RICKEL ALTERNATIVE AND LINDEN MERCHANTS ASSOCIATION, PLAINTIFFS-RESPONDENTS,
v.
CITY OF LINDEN, DEFENDANT, AND SUPERMARKETS GENERAL CORPORATION, DEFENDANT-APPELLANT.
The Supreme Court of New Jersey.https://leagle.com/images/logo.png
Argued September 15, 1987.
Decided July 25, 1988.
Attorney(s) appearing for the Case
Charles N. Winetsky argued the cause for appellant (Winetsky and Winetsky, attorneys).
Jerome Krueger, City Attorney, argued the cause on behalf of City of Linden.
Robert M. Rich argued the cause for respondents Committee for a Rickel Alternative, et al. (Weitzman & Rich, attorneys).
Frederick G. Stickel, III, General Counsel, New Jersey State League of Municipalities and William M. Cox submitted a letter brief on behalf of amici curiae New Jersey State League of Municipalities and New Jersey Institute of Municipal Attorneys.
The Supreme Court of New Jersey.
The opinion of the Court was delivered by CLIFFORD, J.
We granted certification, 107 N.J. 136 (1987), to determine whether under the Municipal Land Use Law, N.J.S.A. 40:55D-1 to -112 (MLUL), a tie vote of a municipal governing body affirms or reverses a grant of a use variance by the board of adjustment. We conclude, as did the Appellate Division, that it constitutes a reversal. We therefore affirm the judgment below.
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