Supreme Court of New Jersey
Irving Isko, George Fuchs, Leonard Wolfe, Morton Schwartz, Richard Slutzker, Samuel Ratner, Sheldon Horing, Theodore…
February 5, 196851 N.J. 162
Summary
The New Jersey Supreme Court affirmed the lower court's judgment, holding that St. Barnabas Medical Center was entitled to a building permit without a height variance because the addition was a permissible alteration of a non‑conforming structure, and that the Board of Adjustment's variance was improperly based on the wrong statutory provision. The court remanded for the Planning Board to approve the site plan and for the Law Division to issue the permit.