V. F. Zahodiakin Engineering Corporation, Plaintiff-Appellant v. Zoning Board of Adjustment of the City of Summit…

Summary

The Supreme Court of New Jersey affirmed the Superior Court's judgment that the City of Summit's resolutions granting an exception to the zoning ordinance were ultra vires and void because they were not grounded in the statutory variance power, and that the refusal to extend the exception was not arbitrary. The Court also held that contractual arrangements and estoppel cannot validate a void zoning variance.