Raymond Desimone, David McErlane and Elliot Stagneri, Plaintiffs-Appellants v. Greater Englewood Housing…

Summary

The Supreme Court of New Jersey affirmed the Law Division judgments upholding the ground lease, the use and bulk variances, the subdivision and site‑plan approvals, and the municipal ordinances authorizing performance‑bond waivers and street vacatur. The Court held that the public‑policy reasons for low‑ and moderate‑income housing constitute the special reasons required for a use variance under N.J.S.A. 40:55‑39(d) and that the Board of Adjustment and governing body acted within their discretion. The decision also affirmed the validity of the related municipal actions and ordinances.