Motley v. Borough of Seaside Park Zoning Board of Adjustment

The opinion of the court was delivered by

SABATINO, J.A.D.

Defendant, the Zoning Board of Adjustment (“the Board”) of the Borough of Seaside Park (“the Borough”), appeals the trial court’s decision in this action in lieu of prerogative writs. The court’s decision nullifies a “stop work” order issued by the Borough and authorizes plaintiff Daniel Motley to restore his nonconforming house, which had been torn down to its foundation and footings, back to its prior dimensions.

We reverse the trial court’s decision to nullify the stop work order because N.J.S.A. 40:55D-68 allows a nonconforming…