Jock v. Zoning Board of Adjustment

The opinion of the court was delivered by

FISHER, J.A.D.

The judgment under review dismissed a complaint in lieu of prerogative writs, thereby rejecting plaintiffs’ claim that the board of adjustment erroneously faded to find that two contiguous lots had merged. Plaintiffs contend that merger occurred because equitable or constructive ownership of the two lots were held by the same persons even though legal title was deliberately kept separate. According to plaintiffs, this merger should have required the board of adjustment to conclude that the hardship asserted by defendant Shire Realty,…