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

Summary

The Supreme Court of New Jersey held that the Edison Township Planning Board was not barred by res judicata from considering Richard Gash's second variance application because the application contained substantial changes, and the Board's grant of the variance was not arbitrary, capricious, or unreasonable. The Court reversed the Appellate Division and remanded for entry of an order granting the variance, with Justice Stein concurring and clarifying the hardship standard for dimensional variances.