Zoning Board Of Adjustment Of North Brunswick And Kaplan Company Case

828 WordsOct 23, 20144 Pages
The local government may be aggrieved entitling it to appeal a decision from its own board of adjustment. The same is true of officers in the local government charged with supervision of the ordinance who believe the government made an error. In the Township of North Brunswick v. Zoning Board of Adjustment of the Township of North Brunswick and Kaplan Companies case, Kaplan Companies wanted to build a four-story luxury apartment building with 85-units for senior citizens in North Brunswick Township’s R-2 Zone. The building would be constructed on a plot of 3.66 acre land located along the side of a collector highway. According to North Brunswick Township’s Master Plan, only detached single-family houses of no more than thirty feet in height were permitted to be constructed in the township’s R-2 zones and no more than 2.9 houses could be built on each acre of land. In 2003, the Zoning Board granted Kaplan Companies the right to construct the building, believing that the new residence suited the location, but North Brunswick Township believed that the zoning board of adjustment completely ignored the zoning history of this land. North Brunswick Township sued zoning board and Kaplan companies. The Superior Court of New Jersey, Appellate Division held that the zoning board had assumed North Brunswick’s zoning authority by granting variance for building that exceeded limitations in a residential zone. The Zoning Board’s action had the effect of rejecting North Brunswick

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