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Value Oil Co. v. Town of Irvington

New Jersey Superior Court, Appellate Division


Decided: December 22, 1978.

VALUE OIL COMPANY, A NEW JERSEY CORPORATION, PLAINTIFF-RESPONDENT,
v.
TOWN OF IRVINGTON, A MUNICIPAL CORPORATION AND THE ZONING BOARD OF ADJUSTMENT OF THE TOWN OF IRVINGTON, DEFENDANTS-APPELLANTS

On appeal from Superior Court of New Jersey, Law Division, Essex County. Reported at 152 N.J. Super. 354 (Law Div. 1977).

Fritz, Bischoff and Morgan.

Per Curiam

[164 NJSuper Page 420] In the opinion of the trial judge in these consolidated appeals by the municipality and the zoning board of adjustment from his reversal of the denial by the zoning board of a special exception use (a "conditional use" under the new Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. , 40:55D-65(f)), he carefully distinguishes between such a use and a variance. 152 N.J. Super. 354, 363 (Law Div. 1977). We concur in the particular significance of that distinction in a matter such as this where the ordinance in question, in dealing with the special exception use for which application was here made, expressly prescribes a

[164 NJSuper Page 421]

large number -- ten -- of carefully detailed conditions which must be met before a permit for such use shall issue.

In such circumstances, we are of the opinion that if the applicant is in careful compliance with each of these conditions, denial of the permit would be an arbitrary action in the absence of evidence of substantial detriment to the public good or substantial impairment of the intent and purpose of the zone plan and zoning ordinance. Accordingly, we believe that in the factual context of this case the right result was reached, and substantially for the reasons set forth in the opinion of Judge Marzulli.

Affirmed.

19781222


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