Commercial Realty and Resources Corp., a Corporation of the State of New Jersey, Plaintiff-Appellant v. First…

Summary

The Supreme Court of New Jersey affirmed the Appellate Division's judgment, holding that height variances are dimensional variances cognizable only under subsection c of N.J.S.A. 40:55D-70 and therefore may be granted by a municipal planning board. The Court also found that the Planning Board satisfied the statutory affirmative and negative criteria for the variance and did not violate the Open Public Meeting Act.