Gordon L. Commons, Helen T. Commons and Leo Weingarten, T/A Better Modern Homes Co., Plaintiffs-Appellants, v…

Summary

The Supreme Court of New Jersey reversed the lower courts and remanded the case to the Westwood Zoning Board of Adjustment, finding that the board failed to demonstrate that the applicant lacked undue hardship and did not provide adequate factual findings to satisfy the negative criteria for a variance. The Court held that the board must make specific, evidence‑based findings before denying a variance.