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SADDLE BROOK REALTY, LLC v. BD. OF ADJUST.

906 A.2d 454 (2006)

388 N.J. Super. 67

SADDLE BROOK REALTY, LLC, Plaintiff-Appellant, v. TOWNSHIP OF SADDLE BROOK ZONING BOARD OF ADJUSTMENT and 580 Brighton Road Associates, Defendants-Respondents, and Grillco Two, LLC, Defendant/Third-Party Plaintiff-Respondent, v. Township of Saddle Brook, Third-Party Defendant.

Superior Court of New Jersey, Appellate Division.

Decided September 11, 2006.

Attorney(s) appearing for the Case

Nicole Bearce Albano, Roseland, argued the cause for appellant (Lowenstein Sandler, attorneys; Ms. Albano, of counsel; Jameson P. Van Eck, on the brief).

Antimo A. DelVecchio, Montvale, argued the cause for respondent Grillco Two (Beattie Padovano, attorneys; Mr. DelVecchio, of counsel; Noah B. Pollak, on the brief).

Andrew M. Cimiluca, Clifton, for respondent Township of Saddle Brook Zoning Board of Adjustment, relies upon brief filed on behalf of respondent Grillco Two.

Sunshine, Atkins, Minassian & Tafuri, River Edge, for respondent 580 Brighton Road Associates, relies upon brief filed on behalf of respondent Grillco Two.

Dario & Yacker, Fort Lee, for respondent Township of Saddle Brook, relies upon brief filed on behalf of respondent Grillco Two.

Before Judges SKILLMAN, PAYNE and SABATINO.

The opinion of the court was delivered by

SKILLMAN, P.J.A.D.

This is an appeal from a final judgment of the Law Division affirming a board of adjustment's grant of a use variance for a fast food restaurant in a municipality that prohibits fast food restaurants in every zoning district.

Saddle Brook is a medium-size suburban municipality in western Bergen County. The municipality, which is primarily residential, has a commercial district that contains...

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