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RAZBERRY'S, INC. v. KINGWOOD TP. PLANNING BOARD

250 N.J. Super. 324 (1991)

593 A.2d 1264

RAZBERRY'S, INC., PLAINTIFF-APPELLANT, v. KINGWOOD TOWNSHIP PLANNING BOARD AND RICH-HIL TRANSPORTATION, INC., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided August 7, 1991.

Attorney(s) appearing for the Case

David Vaida argued the cause for appellant.

Brian J. Mulligan argued the cause for respondent, Kingwood Township Planning Board (Hannoch Weisman, attorneys; Brian J. Mulligan, Peter A. Buchsbaum and David A. Larkin, on the brief).

Robert F. Danziger argued the cause for respondent, Rich-Hil Transportation, Inc. (Large, Scammell & Danziger, attorneys; Robert F. Danziger, on the brief).

Before Judges SHEBELL, HAVEY and SKILLMAN.

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

The issue presented by this appeal is whether a property owner may subdivide a lot occupied by a nonconforming use, thereby reducing the size of the property devoted to that use, without obtaining a use variance pursuant to N.J.S.A. 40:55D-70d(2).

Defendant Rich-Hil Transportation, Inc. (Rich-Hil) is the contract purchaser of a 5.17 acre part of a U-shaped 8.17 acre parcel of land located in...

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