Brandon v. Board of Commissioners

The opinion of the court was delivered by

Bodine, J.

The facts in this case clearly appear in Mr. Justice Heher’s opinion in the Supreme Court. In short, it was proposed to build garden apartments in a district zoned for one-family dwellings. The prosecutors contend that the site, because of its location, is unusable for one-family residences, even if subdivided. Boards of adjustment may make variances in appropriate cases (R. S. 40:55-39), but only upon judicial findings within the terms of the statutes, and may not permit a variance without a finding of valid reasons. Fonda v. Donohue, 109 N.…