O'Connor v. Mayor and Council of North Arlington

Plaintiffs challenge the validity of (1) a resolution of the Board of Adjustment recommending the granting of a zoning variance to Cordon Motors, Inc., and (2) the resolution of the mayor and council of defendant borough approving such recommendation, upon the ground there was no proof by the applicant of special reasons which would justify relaxing the strict application of the zoning regulations and thus prevent infliction of exceptional and undue hardship upon the applicant.

The board of adjustment and the borough council acted under the authority granted by statute, R.S. 40:55-39,…