Kohl v. Mayor and Council of Borough of Fair Lawn

The opinion of the court was delivered by

Proctor, J.

By this action in lieu of prerogative writs, plaintiff challenges the grant of a zoning variance which permits the defendant, Pair Lawn Dairies, Inc. (Dairies), to expand its nonconforming industrial use in a residential zone in the defendant Borough of Pair Lawn. Plaintiff is a resident and taxpayer of the Borough and owns a home within 300 feet of Dairies’ nonconforming milk processing and bottling plant.

The variance was granted to Dairies by the Mayor and Council of the Borough upon the recommendation of the Board of Adjustment. N. J. S.…