07-31-09 D. LOBI ENTERPRISES INC. V. PLANNING/ZONING BOARD OF
THE BOROUGH OF SEA BRIGHT
A-5718-07T2
We conclude that only seven of the nine members of a
planning board, acting as a board of adjustment pursuant to
N.J.S.A. 40:55D-25(c), may vote on an application for a "d"
variance application under N.J.S.A. 40:55D-70(d). Further,
under the facts of this case, the Board's decision to deny the
"d" variance application was not arbitrary, capricious or
unreasonable.
The trial court's decision on the voting requirement is
affirmed, but its decision to overturn the Board's decision is
reversed. The Board's denial of the variance is reinstated.
Chase Smith assistant editor
