Dr. Robert B. Sica, Plaintiff-Appellant v. Board of Adjustment of the Township of Wall, Defendant-Respondent, and…

Summary

The Court held that the enhanced proof standard articulated in Medici does not apply to inherently beneficial uses, and therefore the Board of Adjustment must evaluate the variance using the ordinary statutory criteria and a balancing of positive and negative factors. The variance for Dr. Sica’s head‑trauma rehabilitation center was granted, subject to reasonable conditions, and the Appellate Division’s judgment was reversed and the Law Division’s judgment reinstated.