Joseph J. Donadio and Peter J. Degnan, Plaintiffs-Respondents v. John R. Cunningham and Edward P. O’boyle, Building…

Summary

The Supreme Court of New Jersey modified the Appellate Division judgment, affirming that the site plan approval and building permit are valid, rejecting any estoppel claim, holding that the 1970 zoning amendment controls, and finding that McDonald acquired no rights from commencing construction before that amendment. The court also concluded that there was no substantial constitutional question to sustain the appeal.