Stop & Shop Supermarket Co. v. Board of Adjustment

The opinion of the Court was delivered by

STEIN, J.

The principal issue presented by this appeal concerns the extent to which a previously granted use variance to an applicant conducting a retail business use binds the municipality to permit the applicant’s transferee, engaged in a different retail business use, to succeed to the rights conferred by the use variance. Stating the question more narrowly, where the prior use variance allowed a retail department store, a permitted use, to use the residentiallyzoned portion of its split-zoned lot for parking as a use accessory to the permitted…