Henry E. Russell, Plaintiff-Respondent v. Board of Adjustment of the Borough of Tenafly, Robert J. Niero, Building…

Summary

The Supreme Court of New Jersey reversed the Appellate Division and affirmed the trial court's decision sustaining the Tenafly Board of Adjustment's grant of a variance, holding that the prior denied application did not bar the second, that the earlier judgment did not create collateral estoppel on undue hardship, and that the board's grant was not unreasonable, arbitrary, or capricious.