Scholastic Bus Co. v. Zoning Board of Borough
New Jersey Superior Court Appellate Division
1Opinion of the Court
The opinion of the court was delivered by
ARNOLD, J.S.C. (temporarily assigned).
At issue in this appeal is whether the decision of the Fair Lawn Zoning Board of Adjustment (Board) denying an application for a use variance under N.J.S.A. 40:55D-70(d) was arbitrary, capricious, and unreasonable. Scholastic Bus Company, Inc. (Scholastic) and Wendell Realty (Wendell) had applied for the use variance *52to locate a school bus parking and maintenance facility in the 1-1 industrial zone. The Board denied the application solely because of the effect on off-site traffic coupled with ingress and egress…
2Cases cited9 opinions
- Smart SMR of New York, Inc. v. Borough of Fair Lawn Board of AdjustmentSupreme Court of New Jersey · 1998
- Burbridge v. Governing BodySupreme Court of New Jersey · 1990
- Sica v. Board of Adjustment of Tp. of WallSupreme Court of New Jersey · 1992
- KRUVANT BROS. v. Mayor & Council, Tp. of Cedar GroveSupreme Court of New Jersey · 1980
- Morris v. PostmaSupreme Court of New Jersey · 1964
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3Cited by5 opinions
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- House of Fire v. Zoning Bd.New Jersey Superior Court Appellate Division · 2005
- Meridian Quality Care, Inc. v. BD. OF ADJUST.New Jersey Superior Court Appellate Division · 2002
- LARRY PRICE VS. OZ HOLDINGS, LLC (L-1377-17, HUDSON COUNTY AND STATEWIDE)New Jersey Superior Court Appellate Division · 2019
- 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