Opinion

Fobe Associates v. Mayor and Council of Demarest

  • 74 N.J. 519
  • 379 A.2d 31
  • 1977 N.J. LEXIS 170
Court
Supreme Court of New Jersey
Filed
Mar 23, 1977
Status
Published
Author
Sullivan
On the bench
Sullivan, Pashman, Conford
Cited by
22 cases

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

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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