Borough of Saddle River, Plaintiff-Appellant v. 66 East Allendale, LLC, Defendant-Respondent

Summary

The Supreme Court of New Jersey reversed the Appellate Division and remanded for a new trial, holding that the trial judge must determine, outside the jury’s presence, whether there is a reasonable probability of a zoning change before the jury may consider that evidence in a just compensation case. The Court found the expert testimony insufficient because it failed to address all statutory criteria for a bulk variance.