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D. LOBI ENT. v. PLANNING/ZONING

DOCKET NO. A-5718-07T2.

974 A.2d 1134 (2009)

408 N.J. Super. 345

D. LOBI ENTERPRISES, INC., Plaintiff-Respondent/Cross-Appellant, v. PLANNING/ZONING BOARD OF THE BOROUGH OF SEA BRIGHT, Defendant, and David J. Desio, Defendant/Intervenor-Appellant/Cross-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided July 31, 2009.

Attorney(s) appearing for the Case

Michael R. Leckstein argued the cause for appellant/cross-respondent (Leckstein & Leckstein, L.L.C., attorneys; Marc A. Leckstein, Little Silver, on the brief).

Thomas J. Hirsch, Ocean, argued the cause for respondent/cross-appellant.

Before Judges WINKELSTEIN, GILROY and CHAMBERS.

The opinion of the court was delivered by

CHAMBERS, J.A.D.

At issue is whether seven or nine members of a planning board, when acting as a board of adjustment pursuant to N.J.S.A. 40:55D-25(c), may vote on a "d" variance application under N.J.S.A. 40:55D-70(d). If, indeed, only seven members may vote, we then must decide whether, under the facts in this case, the defendant Board abused its discretion in denying the application for a "d" variance...

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