John E. Tomko, Plaintiffs-Appellants v. William Vissers

Summary

The Supreme Court of New Jersey reversed the Superior Court’s judgment and remanded the case, holding that the dismissal of the complaint against the board of adjustment was improper because the board’s recommendation lacked competent evidentiary support, and that the township committee’s resolution incorporating that recommendation is a nullity. The court emphasized that a variance recommendation must be based on a competent record and vacated the resolutions.