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GRASSO v. BOR. OF SPRING LAKE HGHTS.

866 A.2d 988 (2004)

375 N.J. Super. 41

Maureen A. GRASSO and R.G. Grasso, Jr., Inc., a New Jersey Corporation, Plaintiffs-Appellants, v. The BOROUGH OF SPRING LAKE HEIGHTS, the Planning Board of the Borough of Spring Lake Heights, the Board of Adjustment of the Borough of Spring Lake Heights, Albert P. Ratz, Construction Official and Robert Wenzel, Zoning Officer, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided November 24, 2004.

Attorney(s) appearing for the Case

Lomurro, Davison, Eastman & Munoz, Freehold, for appellants (Robert F. Munoz, of counsel and on the brief).

Starkey, Kelly, Blaney, Bauer & White, Toms River, for respondents (Scott W. Kenneally, on the brief).

Before Judges LEFELT, ALLEY and FALCONE.

The opinion of the court was delivered by

LEFELT, J.A.D.

Plaintiffs Maureen Grasso and R.G. Grasso, Jr., Inc. appeal from two judgments: (1) upholding Spring Lake Heights Borough's denial of plaintiffs' application for a height variance, and (2) declining to estop the Borough from enforcing its zoning ordinance. We affirm the estoppel judgment, but because we articulate, for the first time, the standard to be applied...

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