John R. Brandon, Mary Gordon Deforest and Helen W. Somers, Prosecutors v. the Board of Commissioners of the Town Of…

Summary

The Supreme Court of New Jersey vacated the municipal resolutions granting a zoning variance because the Board of Adjustment failed to demonstrate the statutory prerequisite of "unnecessary hardship," and remanded the matter for further proceedings. The Court also held that the statutory 30‑day filing limitation did not apply to the Board's recommendation, so the prosecutors' certiorari petition was timely and not barred by laches.