Mountain Hill, L.L.C. v. Zoning Board of Adjustment

The opinion of the court was delivered by

C.L. MINIMAN, J.A.D.

Plaintiff Mountain Hill, L.L.C. (Mountain Hill), appeals from a March 16, 2005, summary judgment in favor of defendant Zoning Board of Adjustment of the Township of Middletown (Zoning Board) in Mountain Hill’s action in lieu of prerogative writs. The judge determined that Mountain Hill was required to obtain a use variance in order to construct driveways crossing the zone lines of its split-zoned property on Route 35 in the Township of Middle-town. The judge also concluded that Mountain Hill was required to obtain a use variance in…