Legal Opinion
Preakness Hill, Inc. v. Township Council of Wayne
New Jersey Superior Court Appellate Division
Decided November 19, 1987PublishedCited by 3 opinions
1Opinion of the Court
The opinion of the court was delivered by
SHEBELL, J.A.D.
Appellant Preakness Hill, Inc. was granted a “special reasons” use variance by the Wayne Township Board of Adjustment to construct cluster housing on a 4.4 acre site. On appeal by a neighboring property owner, the respondent township council held a de novo hearing based on the record below and voted 4 “yes,” 3 “no,” 2 absent, on a resolution to reverse the board of adjustment action. Thereafter applicant’s attorney advised the council by letter that the vote was insufficient to satisfy the enhanced majority requirement of N.J.S.A.…
2Cases cited15 opinions
- Kramer v. BD. OF ADJUST., SEA GIRT.Supreme Court of New Jersey · 1965
- Medici v. BPR Co.Supreme Court of New Jersey · 1987
- Kohl v. Mayor and Council of Borough of Fair LawnSupreme Court of New Jersey · 1967
- Kenwood Assocs. v. Bd. of Adj. EnglewoodNew Jersey Superior Court Appellate Division · 1976
- Ardolino v. Florham Park Board of AdjustmentSupreme Court of New Jersey · 1957
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3Cited by3 opinions
- In re Petitions for Rulemaking N.J.A.C. 10:82-1.2 & 10:85-4.1New Jersey Superior Court Appellate Division · 1988
- Preakness Hill, Inc. v. Township Council of WayneSupreme Court of New Jersey · 1988
- Harry Grant Center Corp. v. Mayor of Fort LeeNew Jersey Superior Court Appellate Division · 1989