Legal Opinion

Salt & Light Co. v. Willingboro Township Zoning Board of Adjustment

New Jersey Superior Court Appellate Division

Decided December 19, 2011PublishedCited by 5 opinions

1Opinion of the Court

The opinion of the court was delivered by

SKILLMAN, J.A.D.

(retired and temporarily assigned on recall).

This appeal involves a board of adjustment’s denial of an application for a use variance for construction of a duplex to provide transitional housing for two homeless families in a neighborhood zoned exclusively for single-family residences. We conclude that even though the proposed duplex for the homeless would be an inherently beneficial use that satisfies the positive criterion for a use variance, the board of adjustment did not abuse its discretion in determining that the public benefit…

2Cases cited5 opinions

  1. Medici v. BPR Co.Supreme Court of New Jersey · 1987
  2. Smart SMR of New York, Inc. v. Borough of Fair Lawn Board of AdjustmentSupreme Court of New Jersey · 1998
  3. Sica v. Board of Adjustment of Tp. of WallSupreme Court of New Jersey · 1992
  4. DeSimone v. Greater Englewood Housing Corp. No. 1Supreme Court of New Jersey · 1970
  5. Homes of Hope v. Eastampton Tp.New Jersey Superior Court Appellate Division · 2009

3Cited by5 opinions

  1. T-Mobile Northeast LLC v. Borough of Leonia Zoning Board of AdjustmentDistrict Court, D. New Jersey · 2013
  2. MICHAEL SAITZ VS. CITY OF VENTNOR PLANNING BOARD (L-2728-18, ATLANTIC COUNTY AND STATEWIDE)New Jersey Superior Court Appellate Division · 2020
  3. Monarch Communities, LLC v. Township of MontvilleSupreme Court of New Jersey · 2026
  4. ST. PAUL'S OUTREACH, INC. VS. BOARD OF ADJUSTMENT OF THE TOWNSHIP OF SOUTH ORANGE VILLAGE (L-1183-16, ESSEX COUNTY AND STATEWIDE) (CONSOLIDATED)New Jersey Superior Court Appellate Division · 2019
  5. SUNRISE DEVELOPMENT, INC. VS. PRINCETON ZONING BOARD OF ADJUSTMENT (L-2518-18, MERCER COUNTY AND STATEWIDE)New Jersey Superior Court Appellate Division · 2020

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