Stop & Shop Supermarket Co. v. Board of Adjustment

The question presented by this appeal is not whether a variance runs with the land, about which there is no debate. The Appellate Division in this case acknowledged that “use variances are not *441personal to the owner, but run with the land.” Stop & Shop, supra, 315 N.J.Super. at 434, 718 A2d 1218. Rather, the question is whether the new owner’s intended use of the land so significantly differs from the variant use as to unreasonably affect a legitimate land use purpose. Berninger v. Board of Adjustment, 254 N.J.Super. 401, 405, 603 A.2d 954 (App.Div.1991), aff'd o.b., 127 N.J. 226, 603 A.2d 946…