Gridco, Inc. v. Zoning Board

Feller, J. S. C.

(retired, temporarily assigned on recall). This is an action in lieu of prerogative writs in which plain*349tiff appeals the denial of a variance by the Hillside Board of Adjustment. Defendant board denied plaintiff’s application for a variance to permit the installation of a drive-up window to facilitate customer service at Gino’s fast-food restaurant. Apparently the issues here are of first impression in this State involving certain provisions of the new Municipal Land Use Act. N. J. S. A. 40:55D-1 et seq. Plaintiff contends that it is entitled to a variance because defendant…