Lizak v. Faria

The opinion of the court was delivered by

BOTTER, P.J.A.D.

This is another controversy spawned by the troublesome provisions in the Municipal Land Use Law, L.1975, c. 291; N.J.S.A. 40:55D-1 et seq., which appellants contend transformed a denial of their variance application into approval by reason of the failure of the Board of Adjustment (Board) to adopt a written memorializing resolution with findings of fact and conclusions. N.J.S.A. 40:55D-10(g); N.J.S.A. 40:55D-73(b); Kozub v. Opt’Hof, 180 N.J.Super. 482 (App.Div.1981), overruling Gridco, Inc. v. Hillside Tp. Zoning Bd., 167 N.J.Super. 348…