Legal Opinion
Frank v. Planning Board
New Jersey Superior Court Appellate Division
Decided March 14, 1988PublishedCited by 4 opinions
1Opinion of the Court
SERPENTELLI, A.J.S.C.
The interesting question raised by this case is whether a board of adjustment may condition a variance approval on the agreement of the owner not to subdivide the property involved and, if such a condition is invalid, whether the owner may subsequently disregard the condition and still retain the benefits of the variance.
This action in lieu of prerogative writs arises out of a denial by the Planning Board of the Borough of Ship Bottom of two minor subdivision applications relating to premises known as Lot 4, Block 38. The southerly property line fronts on Twenty First…
2Cases cited31 opinions
- Kramer v. BD. OF ADJUST., SEA GIRT.Supreme Court of New Jersey · 1965
- 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
- Charlie Brown of Chatham, Inc. v. BOARD OF ADJUSTMENT FOR TOWNSHIP OF CHATHAMNew Jersey Superior Court Appellate Division · 1985
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3Cited by4 opinions
- Urban v. Planning BoardSupreme Court of New Jersey · 1991
- Orloski v. Borough of Ship BottomNew Jersey Superior Court Appellate Division · 1988
- Maureen A. Grasso & R.G. Grasso, Jr., Inc. v. Borough of Spring Lake HeightsNew Jersey Superior Court Appellate Division · 2003
- KAREN KIEHN VS. JOHN MONGEY (L-0781-17, MORRIS COUNTY AND STATEWIDE)New Jersey Superior Court Appellate Division · 2019