Leonard Kohl, Plaintiff-Appellant v. Mayor and Council of the Borough of Fair Lawn, a Municipal Corporation of the…

Summary

The Supreme Court of New Jersey reversed the Appellate Division and remanded for entry of judgment, holding that the Board of Adjustment and the Borough failed to demonstrate sufficient special reasons under N.J.S.A. 40:55-39(d) to justify the variance permitting a major expansion of a nonconforming dairy in a residential zone. The Court also rejected the plaintiff's argument that his failure to appear before the Board barred standing.