Fobe Associates v. Mayor and Council of Demarest

The opinion of the 'Court was delivered by

Conford, P. J. A. D.,

Temporarily Assigned. Plaintiff, a developer, was unsuccessful in the Law Division in seeking adjudications that (a) the denial by the Demarest Borough board of adjustment of a recommendation of a “d.” variance (N. J. S. A. 40:55—39 d.) for erection of a garden apartment house in a restricted single-family residence district was illegal as arbitrary and unreasonable; and (b) that the zoning ordinance of the borough was invalid by reason of its absolute prohibition of multi-family-residential buildings. The Appellate Division…