Darrell v. Governing Body of Township of Clark

The judgment of the Appellate Division is affirmed substantially for the reasons expressed in its opinion reported at 169 N.J.Super. 127 (1978). For the guidance of the bench and bar we add the following comments.

This matter, brought under the old Municipal Planning Act, N.J.S.A. 40:55-1 et seq., involved the grant of a variance from a special exception condition contained in a municipal zoning ordinance. The new Municipal Land Use Law (Law), N.J.S.A. 40:55D-1 et seq., now defines a special exception as a conditional use. N.J.S.A. 40:55D-3. Under Article 8 of the Law, conditional uses are…