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COVENTRY SQUARE v. WESTWOOD ZONING BD. OF ADJUSTMENT

138 N.J. 285 (1994)

650 A.2d 340

COVENTRY SQUARE, INC., PLAINTIFF-APPELLANT, v. WESTWOOD ZONING BOARD OF ADJUSTMENT, DEFENDANT-RESPONDENT, AND WESTWOOD DEVELOPMENT ASSOCIATES, DEFENDANT.

The Supreme Court of New Jersey.

Decided December 15, 1994.

Attorney(s) appearing for the Case

Richard J. Allen, Jr., argued the cause for appellant.

Irving C. Evers argued the cause for respondent.

The opinion of the Court was delivered by GARIBALDI, J.

In this appeal, we establish the standards for granting a variance for a "deviation from a specification or standard * * * pertaining solely to a conditional use" under N.J.S.A. 40:55D-70d(3), of the Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-1 to -133. In so doing, we discuss the criteria an applicant must demonstrate to receive an N.J.S.A. 40:55D-70d(3) variance. Those standards reflect...

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