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Berninger v. Board of Adj. of Borough of Midland Park

Supreme Court of New Jersey
Mar 18, 1992
603 A.2d 946 (N.J. 1992)

Summary

noting that "a condition limits the life of a variance to ownership by a particular individual is patently illegal, as it advances no legitimate land use purpose"

Summary of this case from Stop Shop Supermarket v. Bd. of Adj., Springfield

Opinion

Argued January 22, 1992 —

Decided March 18, 1992.

Appeal from Superior Court, Appellate Division.

William T. Smith argued the cause for appellants ( Hook, Torack Smith, attorneys).

John C. McGlade argued the cause for respondents ( Lessack McGlade, attorneys).


The judgment is affirmed, substantially for the reasons expressed in the majority opinion of the Appellate Division, reported at 254 N.J. Super. 401, 603 A.2d 954 (1992).


I would reverse the judgment of the Law Division, substantially for the reasons expressed in Judge Gaulkin's concurring and dissenting opinion, reported at 254 N.J. Super. 401, 603 A.2d 954 (1992).


Summaries of

Berninger v. Board of Adj. of Borough of Midland Park

Supreme Court of New Jersey
Mar 18, 1992
603 A.2d 946 (N.J. 1992)

noting that "a condition limits the life of a variance to ownership by a particular individual is patently illegal, as it advances no legitimate land use purpose"

Summary of this case from Stop Shop Supermarket v. Bd. of Adj., Springfield
Case details for

Berninger v. Board of Adj. of Borough of Midland Park

Case Details

Full title:MARK BERNINGER AND CAROL BERNINGER, HIS WIFE, PLAINTIFFS-APPELLANTS, v…

Court:Supreme Court of New Jersey

Date published: Mar 18, 1992

Citations

603 A.2d 946 (N.J. 1992)
603 A.2d 946

Citing Cases

Stop Shop Supermarket v. Bd. of Adj., Springfield

Other New Jersey cases have emphasized that use variances adhere to the property and are not personal to the…

Meridian Hospitals v. Point Pleasant

Such a condition "must be reasonably calculated to achieve some legitimate land use purpose." Berninger v.…