Karl Schack and Edna C. Schack, Plaintiffs-Respondents v. Robert P. Trimble, Building Inspector, &c…

Summary

The Supreme Court of New Jersey affirmed the lower court, holding that the plaintiffs were not required to file an in‑lieu action within the 30‑day period after the building‑inspector's denial and that the zoning ordinance does not mandate that an accessory garage be situated on the same lot as the dwelling it serves. The Court also rejected the municipality's argument that the purchase of the adjacent lot cured the rear‑yard violation, finding no joinder of the two parcels. Justice Peootoe, dissenting in part, agreed with the procedural holding but argued that the two lots should be treated as joined, curing the violation and warranting denial of the permit.