DR. ROBERT B. SICA, PLAINTIFF-APPELLANT,
v.
BOARD OF ADJUSTMENT OF THE TOWNSHIP OF WALL, DEFENDANT-RESPONDENT, AND TOWNSHIP OF WALL, MONMOUTH COUNTY, A MUNICIPAL CORPORATION OF NEW JERSEY; TOWNSHIP COMMITTEE OF THE TOWNSHIP OF WALL; AND PLANNING BOARD OF THE TOWNSHIP OF WALL, DEFENDANTS.
The Supreme Court of New Jersey.https://leagle.com/images/logo.png
Argued November 18, 1991.
Decided March 19, 1992.
Attorney(s) appearing for the Case
Bruce D. Greenberg argued the cause for appellant (Greenbaum, Rowe, Smith, Ravin & Davis, attorneys, Douglas K. Wolfson and Wilentz, Goldman & Spitzer (Messrs. Stephen E. Barcan and Richard J. Byrnes, attorneys), of counsel; Douglas K. Wolfson, Bruce D. Greenberg, and Jessica R. Mayer, on the briefs).
Thomas J. Hirsch argued the cause for respondent (Crawford & Hirsch, attorneys).
Kenneth E. Meiser submitted a brief on behalf of amicus curiae, Volunteers of America (Frizell, Pozycki & Meiser, attorneys).
The Supreme Court of New Jersey.
The opinion of the Court was delivered by POLLOCK, J.
In Medici v. BPR Co.,107 N.J. 1, 21, 526 A.2d 109 (1987), we held that an applicant seeking a use variance for a commercial purpose must establish by enhanced proof that the variance is not inconsistent with the intent and purpose of the master plan and zoning ordinance. This appeal raises the question whether the enhanced standard also applies...
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