Wyzykowski v. Rizas

The opinion of the Court was delivered by

O’HERN, J.

The main questions in this appeal are: (1) whether the provision in a municipal ordinance of apartments as an accessory use to commercial uses authorizes a mixed-use project in which the commercial uses and the apartment uses have no relationship other than that they are in the same structure; and (2) whether planning board members appointed by a mayor have thereby a “personal or financial interest,” N.J.S.A. 40:55D-23.b., in the outcome of a development application submitted by the mayor in a private capacity, or conversely, whether the…