Egeland v. Zoning Board of Adjustment

The opinion of the court was delivered by

WAUGH, J.S.C.

(temporarily assigned).

This appeal raises the issue of whether a division of real property by testamentary devise is a “self-created hardship” for the purposes of an application for an undue hardship variance pursuant to N.J.S.A. 40:55D-70(c). The overall appeal is moot *331because of the withdrawal of the entity that had intended to purchase the property and build the specific home for which the variances at issue were sought. Nevertheless, we conclude that the question of whether there was a “self-created hardship” is a justiciable issue…