The End Of Debate Over Conditional Use Variance Proof

Law360, New York (August 14, 2013, 1:29 PM EDT) -- The New Jersey Supreme Court has finally settled the question concerning the burden of proof for an applicant to obtain approval of a conditional use variance.

On July 23, 2013, the court decided TSI East Brunswick LLC v. Zoning Board of Adjustment of Township of East Brunswick (A-124-11), which addressed the issue of the quality of proofs an applicant must demonstrate to satisfy the negative criteria for the grant of a conditional use variance. The court held that the enhanced quality of proofs standard attributable to...
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