Saddle Brook Realty, LLC v. Township of Saddle Brook Zoning Board of Adjustment and 580 Brighten Road Associates and Grillco Two LLC vs. Township of Saddle Brook

November 2006 In The Zone

As seen in the In The Zone newsletter.

New Jersey’s Appellate Division recently revisited the “special reasons” requirement for justification of a use variance for a fast food restaurant. The Court further addressed the standard annunciated in Medici v. BPR Co., 107 N.J.1 (1987) requiring an applicant, in addition to establishing special reasons, to demonstrate by an enhanced quality of proof that the variance sought is not inconsistent with the intent and purpose of the master plan and zoning ordinance prohibiting the use.