James H. Lumund, Plaintiff-Appellant v. Board of Adjustment of the Borough of Rutherford, and Clarence Hardin…

Summary

The Supreme Court of New Jersey affirmed the lower courts' denial of a variance for a motor vehicle service station in a residential zone. The Court held that the plaintiff failed to demonstrate a unique, undue hardship required for a variance, that the statutory amendment limited the Board's authority, and that the zoning ordinance was constitutional and sufficiently broad to encompass such service stations.