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BOE v. ZONING BD.

No. A-0717-07T3

977 A.2d 1050 (2009)

409 N.J. Super. 389

BOARD OF EDUCATION OF the CITY OF CLIFTON, Plaintiff-Respondent/Cross-Appellant, v. ZONING BOARD OF ADJUSTMENT OF the CITY OF CLIFTON, Defendant, and Van Ness Family Trust, Defendant/Intervenor-Appellant/Cross-Respondent, and Prologis 230 Brighton, LLC, Defendant-Intervenor.

Superior Court of New Jersey, Appellate Division.

Decided September 2, 2009.

Attorney(s) appearing for the Case

Charles Rabolli, Jr., Clifton, argued the cause for appellant/cross-respondent Van Ness Family Trust (Carlet, Garrison, Klein & Zaretsky, L.L.P., attorneys; Mr. Rabolli on the brief).

Anthony V. D'Elia, Secaucus, argued the cause for respondent/cross-appellant Board of Education of the City of Clifton (Chasan, Leyner & Lamparello, attorneys; Mr. D'Elia, of counsel and on the brief; Jordan S. Friedman, on the brief).

Before Judges CARCHMAN, R.B. COLEMAN and SIMONELLI.

The opinion of the Court was delivered by

SIMONELLI, J.A.D.

Defendant-intervenor Van Ness Family Trust (Van Ness) appeals from the August 30, 2007 Law Division order and final judgment reversing the decision of defendant Zoning Board of Adjustment of the City of Clifton (Zoning Board) denying the application of plaintiff Board of Education of the City of Clifton (BOE) for a use variance to convert a vacant warehouse located in an industrial zone into a 500...

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