Gunther Jock, Sherry Oberg, Sandra Barre and George Sollami, Plaintiffs-Respondents v. Zoning Board of Adjustment…

Summary

The Supreme Court of New Jersey reversed the Appellate Division and remanded for further consideration, holding that the Loechner merger doctrine applies only when adjacent undersized lots are held in common legal title and that neither separate legal title nor equitable ownership creates a merger. The Court also held that the hardship claimed by Shire was not self‑created and that the zoning board’s variance decision was not arbitrary or capricious.