NJ High Court Says Town Went Too Far In Refusing Variance

Law360, New York (August 5, 2013, 4:30 PM EDT) -- The New Jersey Supreme Court on Monday ruled that a local planning board overreached on drainage concerns and gave short shrift to other factors when it wouldn't excuse a shore-area home builder from frontage requirements.

Offering further guidance on what it takes to win a bulk variance from frontage restrictions, a unanimous court said that Bay Head Borough property owner T. Brent Mauro had established the positive and negative criteria necessary for permission to construct a single-family home with a frontage of 10.02 feet. The property...
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