Maureen A. Grasso & R.G. Grasso, Jr., Inc. v. Borough of Spring Lake Heights

The opinion of the court was delivered by

LEFELT, J.A.D.

Plaintiffs Maureen Grasso and R.G. Grasso, Jr., Inc. appeal from two judgments: (1) upholding Spring Lake Heights Borough’s denial of plaintiffs’ application for a height variance, and (2) declining to estop the Borough from enforcing its zoning ordinance. We affirm the estoppel judgment, but because we articulate, for the first time, the standard to be applied in reviewing an application for a height variance under N.J.S.A. 40:55D-70(d)(6), we vacate the variance denial and remand to the Board of Adjustment for reconsideration of…