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STOP & SHOP v. BD. OF ADJUSTMENT

718 A.2d 1218 (1998)

315 N.J. Super. 427

The STOP & SHOP SUPERMARKET COMPANY, a Corporation of the State of Delaware, and State Street Bank and Trust Company of Connecticut, not in its individual capacity, but solely as Trustee under a Trust Agreement dated April 26, 1994, Plaintiffs-Respondents, v. The BOARD OF ADJUSTMENT OF THE TOWNSHIP OF SPRINGFIELD, Defendant-Appellant, and The Colonial Association of Springfield and the Township of Millburn, Defendants-Respondents/Cross-Appellants. Village Super Market, Inc. and Sumas Realty Corporation, Intervenors/Cross-Appellants.

Superior Court of New Jersey, Appellate Division.

Decided October 23, 1998.

Attorney(s) appearing for the Case

Neil J. Dworkin for defendant-appellant Board of Adjustment of Township of Springfield.

James V. Segreto, Haledon, for plaintiffs-respondent Stop & Shop Supermarket Company (Segreto & Segreto, attorneys; James V. Segreto, of counsel and on the brief).

Roger S. Clapp for defendant-respondent/cross-appellant Township of Millburn (Cooper, Rose & English, attorneys; Mr. Clapp and Bruce S. Goodman, on the brief).

Michael S. Feldman, Somerville, for defendant-respondent/cross-appellant Colonial Association of Springfield (Wasser & Feldman, attorneys; Mr. Feldman, on the brief).

Stephen E. Barcan, Woodbridge, for intervenors/cross-appellants Village Supermarket, Inc. and Sumas Realty Corp. (Wilentz, Goldman & Spitzer, attorneys; Mr. Barcan, of counsel and on the brief; Donna M. Jennings, on the brief).

Before Judges BAIME, A.A. RODRIGUEZ and KIMMELMAN.

The opinion of the court was delivered by BAIME, P.J.A.D.

This appeal presents novel questions concerning the nature of rights that inhere in the grant of a use variance. The subject property is "split-zoned," the front portion located in a commercial zone and the rear portion located in a residential zone. In 1956, the Springfield Board of Adjustment (Board) granted a variance permitting Sak's Fifth Avenue to use the rear portion of the property for a parking lot...

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