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BRIDGE v. ZONING BD. OF ADJUSTMENT

233 N.J. Super. 587 (1989)

559 A.2d 855

FRANK H. BRIDGE, PLAINTIFF-RESPONDENT, v. NEPTUNE TOWNSHIP ZONING BOARD OF ADJUSTMENT; NEPTUNE TOWNSHIP; VITO GADALETA, ZONING OFFICER; FRANK SAUTA, DEPUTY CONSTRUCTION OFFICIAL; JOHN PRICE, CONSTRUCTION OFFICIAL, DEFENDANTS-RESPONDENTS, AND DONALD S. SUTHERLAND AND PHYLLIS B. SUTHERLAND, INTERVENORS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided June 9, 1989.

Attorney(s) appearing for the Case

Philip B. Vinick argued the cause for appellants (Cohn & Lifland, attorneys; Philip B. Vinick, on the brief).

Dennis M. Crawford argued the cause for respondent Bridge (Crawford & Hirsch, attorneys; Dennis M. Crawford, on the brief).

Robert D. Faccone argued the cause for respondents Neptune Township, Gadaleta, Sauta and Price (Carton & Faccone, attorneys; Robert D. Faccone, on the letter brief).

James A. Carey, attorney for respondent Board of Adjustment, filed a letter stating it would not participate in the appeal.

Before Judges LONG, MUIR, Jr. and KEEFE.

The opinion of the court was delivered by MUIR, Jr., J.A.D.

We reverse the judgment of the trial court in this zoning case for a reason fundamental to land use regulation, the lack of jurisdiction of a zoning board of adjustment to consider a variance application under N.J.S.A. 40:55D-70c where a subdivision is also required. The individual parties to this appeal, as did the defendant zoning board of adjustment (defendant board) and the trial court, approached...

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