Edward J. Wyzykowski, Gale Wyzykowski, and Jacqueline Catley, Plaintiffs-Respondents v. Robert E. Rizas…

Summary

The Supreme Court held that the township ordinance’s listing of apartments as an accessory use to commercial uses requires a relationship between the uses, so the proposed mixed‑use project was not permissible as an accessory use. It also held that one planning board member had a disqualifying interest and must be barred from voting, while affirming the Appellate Division’s invalidation of the development approvals and remanding for a new hearing before the board and, subsequently, the zoning board of adjustment. A dissent argued that all of the mayor’s appointees should be disqualified and that the mayor should be barred from pursuing approvals while in office.