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

Summary

The Supreme Court of New Jersey affirmed the town council's grant of a variance under N.J.S.A. 40:55-39(d), finding the board's findings sufficient and the variance not arbitrary, capricious, or unreasonable. The Court held that the statutory amendment clarifying subsections (c) and (d) did not invalidate the variance. Justice Heher dissented, arguing that the variance amounted to spot zoning and exceeded the board's authority.