PRICE v. ZONING BD. OF ADJUSTMENT


279 N.J. Super. 327 (1993)

652 A.2d 784

THE PRICE COMPANY, INC., A CORPORATION OF THE STATE OF CALIFORNIA, PLAINTIFF, v. THE ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF UNION, DEFENDANT.

Superior Court of New Jersey, Law Division Union County.

Decided March 31, 1993.


Attorney(s) appearing for the Case

Bernard Warren Hehl, for plaintiff, The Price Company, Inc., (Hehl & Hehl, attorneys).

Marc A. Woliansky, for defendant, The Zoning Board of Adjustment of the Township of Union, (Woliansky & Doyle, attorneys).


MENZA, J.S.C.

This is an action in lieu of prerogative writ in which the plaintiff appeals a zoning board's denial of a use variance.

The question presented is whether a zoning board of adjustment may deny a use variance on the basis that the proposed use would result in an increase in off-site traffic.

This court concludes that it may.

The plaintiff has requested a use variance for a retail store to be located on Springfield Road, Union, New...

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