EGELAND v. ZONING BD. OF ADJUSTMENT OF TOWNSHIP OF COLTS NECK

No. A-3739-07T3

964 A.2d 807 (2009)

405 N.J. Super. 329

Janice A. EGELAND, Plaintiff-Appellant, v. ZONING BOARD OF ADJUSTMENT OF the TOWNSHIP OF COLTS NECK, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided February 20, 2009.


Attorney(s) appearing for the Case

Marc A. Leckstein, Little Silver, argued the cause for appellant (Leckstein & Leckstein, LLC, attorneys; Mr. Leckstein, on the briefs).

Michael B. Steib, Middletown, argued the cause for respondent.

Before Judges STERN, WAUGH and NEWMAN.


The opinion of the court was delivered by

WAUGH, J.S.C. (temporarily assigned).

This appeal raises the issue of whether a division of real property by testamentary devise is a "self-created hardship" for the purposes of an application for an undue hardship variance pursuant to N.J.S.A. 40:55D-70(c). The overall appeal is moot because of the withdrawal of the entity that had intended to purchase the property and build the specific home for which the...

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