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McDOWELL, INC. v. BD. OF ADJUSTMENT

757 A.2d 822 (2000)

334 N.J. Super. 201

FRED McDOWELL, INC., Plaintiff-Respondent, v. BOARD OF ADJUSTMENT OF THE TOWNSHIP OF WALL, and the Township of Wall, Defendants/Appellants.

Superior Court of New Jersey, Appellate Division.

Decided August 25, 2000.

Attorney(s) appearing for the Case

Thomas J. Hirsch, Ocean, argued the cause for the appellant Board of Adjustment of the Township of Wall.

Roger Z. McLaughlin, Neptune, argued the cause for appellant Township of Wall (McLaughlin, Bennett, Gelson & Cramer, attorneys; Mr. McLaughlin and Paul N. D'Apolito on the brief).

Paul H. Schneider, Middletown, argued the cause for respondent (Giordano, Halleran & Ciesla, attorneys; Mr. Schneider on the brief).

Before Judges BROCHIN, EICHEN and WECKER.

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

We have previously recognized a limited exception to the general rule against expansion of a prior nonconforming use, where that use is the mining of a finite resource, also described as a "diminishing asset." See Township of Fairfield v. Likanchuk's, Inc., 274 N.J.Super. 320, 644 A.2d 120

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