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JOCK v. SHIRE REALTY, INC.

295 N.J. Super. 67 (1996)

684 A.2d 921

GUNTHER JOCK AND SHERRY OBERG-JOCK, HIS WIFE, PLAINTIFFS-APPELLANTS, v. SHIRE REALTY, INC., ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF WALL AND THE TOWNSHIP OF WALL, DEFENDANT-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided August 14, 1996.

Attorney(s) appearing for the Case

Walter R. Bliss, Jr., argued the cause for appellants (Mr. Bliss and James F. Schwerin, on the brief).

Thomas J. Hirsch argued the cause for respondent, Zoning Board of Adjustment of Wall Township (Mr. Hirsch, on the brief).

Charles E. Starkey argued the cause for co-respondent, Shire Realty, Inc. (Starkey, Kelly, Blaney & White, attorneys; join in the brief of respondent).

Before Judges SKILLMAN, PAUL G. LEVY and EICHEN.

The opinion of the court was delivered by PAUL G. LEVY, J.A.D.

When a public official pursues private business in the community, the potential for conflict of interest is ever present. An impermissible conflict of interest results if the official exploits his or her position for business gain. We are concerned here with whether a member of a Zoning Board of Adjustment may testify as an expert witness in support of an application for certain "hardship" variances on...

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