Legal Opinion

Sansone Oldsmobile-Cadillac, Inc. v. Board of Adjustment

New Jersey Superior Court Appellate Division

Decided March 18, 1986PublishedCited by 6 opinions

1Opinion of the Court

MILBERG, A.J.S.C.

The narrow issue presented in this action in lieu of prerogative writs is whether an applicant before a board of adjustment has an absolute right to withdraw a pending variance application, without prejudice, prior to a formal vote thereon.

Plaintiff, Sansone Oldsmobile-Cadillac, Inc. (Sansone) operates an automobile dealership located on Newman Springs Road in the Borough of Red Bank, Monmouth County, New Jersey. In or around 1984, Sansone became the contract-purchaser of a certain tract of land (hereinafter the tract or the premises) consisting of 6.51 acres located almost…

2Cases cited18 opinions

  1. Kramer v. BD. OF ADJUST., SEA GIRT.Supreme Court of New Jersey · 1965
  2. City of Hackensack v. WinnerSupreme Court of New Jersey · 1980
  3. Handlon v. Town of BellevilleSupreme Court of New Jersey · 1950
  4. Hill Homeowners Ass'n v. ZONING BD. ADJ., PASSAICNew Jersey Superior Court Appellate Division · 1975
  5. Clinton Tp. Citizen's Comm. v. Clinton Tp.New Jersey Superior Court Appellate Division · 1982

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3Cited by6 opinions

  1. Allied Realty, Ltd. v. Borough of Upper Saddle RiverNew Jersey Superior Court Appellate Division · 1987
  2. Joyce Sportswear Co. v. State Board of Tax CommissionersIndiana Tax Court · 1997
  3. River Vale v. E & R OFF. INTERIORSNew Jersey Superior Court Appellate Division · 1990
  4. Linden Merchants Ass'n v. Linden City CouncilNew Jersey Superior Court Appellate Division · 1986
  5. STATE OF NEW JERSEY VS. DUTQUAN WILSON (13-02-0610, CAMDEN COUNTY AND STATEWIDE)New Jersey Superior Court Appellate Division · 2020

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