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KAUFMANN v. PLANNING BD. FOR WARREN TP.

110 N.J. 551 (1988)

542 A.2d 457

RICHARD KAUFMANN AND LAURA KAUFMANN, HIS WIFE, PLAINTIFFS-RESPONDENTS, v. PLANNING BOARD FOR THE TOWNSHIP OF WARREN, DOUGLAS OTTE AND MARY LOU OTTE, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided June 21, 1988.

Attorney(s) appearing for the Case

Joseph E. Murray, for appellants Douglas Otte, et al. (McDonough, Murray & Korn, attorneys; Joseph E. Murray, of counsel; Jonathan E. Drill, on the brief).

Eugene W. Jacobs, for appellant Planning Bd. for the Tp. of Warren (Handelman & Jacobs, attorneys).

Alan L. Wohl, for respondents (Alan L. Wohl, attorney; Alan L. Wohl and Brian H. Feuerlicht, on the brief).

Daniel S. Bernstein and Fred G. Stickel, III, submitted a brief on behalf of amici curiae N.J. State League of Municipalities and New Jersey Institute of Mun. Attys. (Bernstein, Hoffman & Clark, and Fred G. Stickel, attorneys).

The opinion of the Court was delivered by O'HERN, Justice.

This is the first time that we have addressed the provisions of N.J.S.A. 40:55D-70c(2), a variance provision added to the Municipal Land Use Law (MLUL) by the comprehensive amendments of L. 1984, c. 20 (hereafter the c(2) variance). The provision allows a variance for certain dimensional requirements when the purposes of the MLUL would be advanced, the benefits of the deviation would substantially...

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