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Spring Brook Gardens Inc. v. Board of Adjustment of Township of Springfield

Decided: July 15, 1948.

SPRING BROOK GARDENS, INC., A NEW JERSEY CORPORATION, PROSECUTOR,
v.
BOARD OF ADJUSTMENT OF THE TOWNSHIP OF SPRINGFIELD AND THE TOWNSHIP OF SPRINGFIELD IN THE COUNTY OF UNION, DEFENDANTS



On certiorari.

For the prosecutor, Harry Silverstein.

For the defendants, Robert F. Darby, who did not appear and a representative stated that he did not desire to file a brief.

Before Justices Bodine, Heher and Wachenfeld.

Bodine

The opinion of the court was delivered by

BODINE, J. This writ of certiorari brings up the decision of the Board of Adjustment recommending to the Township Committee of Springfield Township, Union County, that it grant a permit to the prosecutor to erect garden type apartments on a tract of land situate on Morris Avenue having a frontage of 550 feet and a depth of 275 feet. The Board of Adjustment failed to find that the zoning ordinance imposed unnecessary hardship on the owner of the property, although it did find that the variance was in the interest of the public. Based on the refusal of the Board of Adjustment to find unnecessary hardship, the Township Committee refused to grant the variance.

The question posed is, whether failure to find unnecessary hardship was arbitrary and ill-founded? We think it was.

The prosecutor proved its case of undue hardship before the Board of Adjustment. It offered William G. Chirgotis, an architect. He testified that the property could not be

used for one family residence purposes. It faced a high speed highway. The terrain was of such nature that the land could not be subdivided for one family residences.

Mr. Halsey, a civil engineer, testified that there was a cliff 250 feet back from Morris Avenue. The cliff formed a natural dividing line between the two planes of property. In order to keep the water flowing storm sewers must be built. Such would cost $14,000.

Mr. Linnett, a real estate consultant, found the property unfit for a residence A zone building, and that the use of the property for a garden type apartment would not ...


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