TSI East Brunswick, LLC v. Zoning Board

In this appeal we address a single, precisely drawn question that arises only in the context of applications made pursuant to *29the Municipal Land Use Law (MLUL), N.J.S.A 40:55D-1 to -163, for conditional use variances. That question is whether, in considering an application for a conditional use variance, N.J.S.A. 40:55D-70(d)(3), the applicant must prove the negative criteria, see N.J.S.A. 4Q:55D-70, by an enhanced quality of proofs.

I

The facts that are relevant to our analysis of the issue before us in this appeal are not in dispute. Defendant New Vornado/Saddle Brook, LLC (New Vornado) owns…