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 special‑reason findings under R.S. 40:55‑39(d) and that the statutory provision is constitutionally valid. The Court affirmed the Monmouth Lumber construction of subsection (d) and found the delegation of authority to be sufficiently guided by legislative standards. Justice Heher dissented, arguing that the variance violates uniform zoning principles and should be vacated. The dissent is noted at the end of the summary.