rejection of use variance application to construct garden apartments in single family residence district affirmed where proof in the record failed to establish and board failed to conclude that the general welfare would be served because the site in question was particularly suitable for garden apartments
How later courts described this case
- rejection of use variance application to construct garden apartments in single family residence district affirmed where proof in the record failed to establish and board failed to conclude that the general welfare would be served because the site in question was particularly suitable for garden apartments
- 6 Justices + 1 judge temporarily assigned
Written by the judges who cited it.
The opinion
Sullivan, J.
(concurring). I concur in the majority opinion subject to my comments in the companion Township of Washington case, 74 N. J. 470 decided this same date.
Outline of Dissenting Opinion
I Zoning for the General Welfare 544
II The Statutory Framework 547
A. “Special Seasons”
B. The “Negative Criteria”
III The (d) Variance as a Bemedial Measure 557
IV Conclusion 561