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

Summary

The Supreme Court of New Jersey held that an ordinance listing apartments as an accessory use to commercial uses requires a relationship between the uses, so a mixed‑use project with unrelated residential and commercial components is not permissible as an accessory use, and it found that a planning board member who received a salaried appointment from the mayor had a disqualifying interest, requiring his disqualification. The Court affirmed the Appellate Division’s invalidation of the development approvals, modified the judgment to remand the matter to the planning board for a new application and then to the zoning board of adjustment, and expressed reservations about extending the holding to the mayor’s own participation.