Josephine Chirichello, Plaintiff-Appellant v. Zoning Board of Adjustment of Borough of Monmouth Beach…

Summary

The Supreme Court of New Jersey reversed the lower courts and remanded the case, holding that the Board of Adjustment's denial of a variance was unsupported by adequate factual findings and that the record must be supplemented; the Court emphasized the need for competent evidence on the negative criteria and the fairness of any purchase offer. Justice Pashman filed a concurring opinion emphasizing that any offer to purchase must be measured against fair market value assuming a variance is granted.