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 on just compensation, holding that the trial court erred by failing to make a pre‑trial gatekeeping determination on the reasonable probability of a bulk variance before allowing the jury to consider that issue. The Court emphasized that under Gorga and Caoili the judge must decide the probability of a zoning change prior to jury deliberation.