ORLOSKI v. BOROUGH OF SHIP BOTTOM


226 N.J. Super. 666 (1988)

545 A.2d 261

FRANK AND THELMA ORLOSKI, PLAINTIFFS, v. PLANNING BOARD OF THE BOROUGH OF SHIP BOTTOM, DEFENDANT.

Superior Court of New Jersey, Law Division Ocean County.

Decided March 14, 1988.


Attorney(s) appearing for the Case

Thomas C. McCoy for plaintiffs Frank and Thelma Orloski (Woodland and McCoy, attorneys).

Granville D. Magee for defendant Planning Board of the Borough of Ship Bottom (Magee and Graham, attorneys).


SERPENTELLI, A.J.S.C.

The interesting question raised by this case is whether a board of adjustment may condition a variance approval on the agreement of the owner not to subdivide the property involved and, if such a condition is invalid, whether the owner may subsequently disregard the condition and still retain the benefits of the variance.

This action in lieu of prerogative writs arises out of a denial by the Planning Board of the Borough of Ship Bottom...

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