George B. Ward, Plaintiff-Appellant v. Donald H. Scott

Summary

The Supreme Court of New Jersey reversed the Law Division and remanded the case, holding that the board of adjustment failed to make adequate jurisdictional and factual findings under R.S. 40:55-39(d) and that the statutory provision is constitutional as interpreted in Monmouth Lumber. The Court also affirmed the Monmouth Lumber decision and upheld the delegation of authority to the board of adjustment. Justice Heher dissented, arguing the variance violated constitutional due process and should be vacated.