# Berninger v. BOARD OF ADJ. OF BOROUGH OF MIDLAND PARK

> Supreme Court of New Jersey · March 18, 1992 · 127 N.J. 226

URL: https://www.frixlaw.com/law-library/cases/9752225

## Case

- **Full name:** Mark Berninger and Carol Berninger, His Wife, Plaintiffs-Appellants, v. Board of Adjustment of the Borough of Midland Park, Mayor and Council of the Borough of Midland Park, and Johanna Vogel, Defendants, and Elias Noury and Marie Noury, His Wife, Defendants-Respondents
- **Court:** Supreme Court of New Jersey
- **Decided:** March 18, 1992
- **Citations:** 127 N.J. 226; 603 A.2d 946; 1992 N.J. LEXIS 18
- **Precedential status:** Published
- **Opinion:** Dissent by O'Hern
- **Judges:** O'Hern
- **Cited by:** 6 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9752225

## How later opinions describe it (automated extraction)

- noting that "a condition [that] limits the life of a variance to ownership by a particular individual is patently illegal, as it advances no legitimate land use purpose"

## Opinion text

O’HERN, Justice,
dissenting.
I would reverse the judgment of the Law Division, substantially for the reasons expressed in Judge Gaulkin’s concurring and dissenting opinion, reported at 254 N.J.Super. 401 , 603 A.2d 954 (1992).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9752225. Public record. Not legal advice.