Legal Opinion
Care of Tenafly, Inc. v. Tenafly Zoning Board of Adjustment
New Jersey Superior Court Appellate Division
Decided January 27, 1998PublishedCited by 10 opinions
1Opinion of the Court
The opinion of the court was delivered by
HAVEY, P.J.A.D.
In this zoning case, defendant Great Atlantic and Pacific Tea Company, Inc. (A & P), appeals from a judgment declaring invalid a variance and site plan approval granted to it by defendant Tenafly Zoning Board of Adjustment (Board). Judge Hamer, in a comprehensive oral opinion, concluded that a member of the Board, whose mother owned a commercial enterprise approximately fifty feet from A & P’s site, possessed a disqualifying conflict of interest which invalidated the approvals. We agree and affirm.
In November 1993, A & P applied to the…
2Cases cited22 opinions
- Summer Cottagers' Ass'n of Cape May v. City of Cape MaySupreme Court of New Jersey · 1955
- Jantausch v. Borough of VeronaNew Jersey Superior Court Appellate Division · 1956
- Jantausch v. Borough of VeronaSupreme Court of New Jersey · 1957
- Van Itallie v. Borough of Franklin LakesSupreme Court of New Jersey · 1958
- Wyzykowski v. RizasSupreme Court of New Jersey · 1993
17 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Haggerty v. Red Bank Borough Zoning Board of AdjustmentNew Jersey Superior Court Appellate Division · 2006
- LINCOLN HEIGHTS ASSOC. v. Tp. of CranfordNew Jersey Superior Court Appellate Division · 1998
- Shapiro v. MertzNew Jersey Superior Court Appellate Division · 2004
- Witt v. Borough of MaywoodNew Jersey Superior Court Appellate Division · 1998
- SCHMIDHAUSLER v. Planning Bd.New Jersey Superior Court Appellate Division · 2009
5 more not listed; retrieve them via the Exa API.