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NORTH BERGEN ACTION GROUP v. PLANNING BD.

122 N.J. 567 (1991)

585 A.2d 939

NORTH BERGEN ACTION GROUP, HOWARD BARMAD AND DAVID KRONICK, PLAINTIFFS-RESPONDENTS, v. NORTH BERGEN TOWNSHIP PLANNING BOARD, DEFENDANT. JOSEPH PARISI, PLAINTIFF-RESPONDENT, v. ROC HARBOR CORP., DEFENDANT-APPELLANT, AND TOWNSHIP OF NORTH BERGEN PLANNING BOARD, ASSET MANAGEMENT CORP., AND HUDSON PLAZA, INC., DEFENDANTS.

The Supreme Court of New Jersey.

Decided February 4, 1991.

Attorney(s) appearing for the Case

Alfred A. Porro, Jr., argued the cause for appellant (Porro and Porro, attorneys).

Bruce D. Greenberg argued the cause for respondents North Bergen Action Group, Howard Barmad, and David Kronick (Greenbaum, Rowe, Smith, Ravin, Davis & Bergstein, attorneys; Douglas K. Wolfson, of counsel; Bruce D. Greenberg and Drew M. Hurley, on the brief).

Steven Muhlstock submitted a letter in lieu of brief on behalf of respondent Joseph Parisi (Gittleman, Muhlstock, Meyer and Chewcaskie, attorneys).

David J. Frizell submitted a brief on behalf of amici curiae, David J. Frizell and Harry S. Pozycki, Jr. (Frizell, Pozycki & Meiser, attorneys).

The opinion of the court was delivered by STEIN, J.

As in Commercial Realty and Resources Corp. v. First Atlantic Properties Co., 122 N.J. 546, 585 A.2d 928 (1991) (Commercial Realty), also decided today, the issue in these consolidated cases is whether a variance from height restrictions in a municipal zoning ordinance is cognizable under subsection

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