Opinion

Scully-Bozarth Post 1817 of the Veterans of Foreign Wars of the United States v. Planning Board

  • 362 N.J. Super. 296
  • 827 A.2d 1129
  • 2003 N.J. Super. LEXIS 266
Court
New Jersey Superior Court Appellate Division
Filed
Jul 21, 2003
Status
Published
Author
Wefing
On the bench
Lisa, Wefing
Cited by
18 cases

advising A-0972-22 11 that a reviewing court grants more deference to the denial of a variance than to the grant of a variance

How later courts described this case

  • advising A-0972-22 11 that a reviewing court grants more deference to the denial of a variance than to the grant of a variance
  • "Fundamentally, a reviewing court may not substitute its judgment for that of local officials. . . . It is not the role of the reviewing court to determine whether the decision of a local board was wise or unwise."

Written by the judges who cited it.

The opinion

WEFING, J.A.D.,

concurring.

In the procedural context of this case, I agree with my colleagues’ conclusion that the trial judge should not have taken the *319 case away from the Burlington City Planning Board and decided the matter himself. In my judgment, the failure by the members of the Board to engage in any discussion or deliberation prior to easting their votes on December 19, 2001, was cured by the Board’s consideration of the VFW’s application for reconsideration on March 27, 2002.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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