Herbert B. Bressman, Sherrill I. Bressman, Milton Steinhorn and Lois Steinhorn, Plaintiffs-Respondents v. Richard…

Summary

The Court held that the Edison Township Planning Board was not barred by res judicata from considering the applicant’s second variance request because the application contained substantial changes, and that the Board’s decision was not arbitrary, capricious, or unreasonable. Accordingly, the Court reversed the Appellate Division and remanded for entry of an order granting the variance. Justice Stein filed a concurring opinion emphasizing that hardship for a dimensional variance need not be shown by inutility of the property.