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.