Reich v. Borough of Fort Lee Zoning Bd. of Adjustment, 414 N.J. Super. 483 (App. Div. 2010)
Jul 29, 2010OUTCOME: Obtained a reversal of the lower court and zoning board.
An endodontist wanted to add another professional to his office suite. He needed approval from the local zoning board becaused the office was not a permitted use in the zone where it was located. Oth ... er cousnel applied to the board, which denied the request. Counsel filed suit, but the trial court found that the extra dentist constituted an expansion of a non-conforming use and affirmed the board. The case was referred to me for appeal. I obtained a reversal, with the appellate court ruling that the addition of one dentist under did not constitute a non-permitted expansion of the use.
