01-22-09 Thomas Wilson v. Brick Township Zoning Board of Adjustment A-3622-07T3
We hold that the Legislature's use of the term "or" in N.J.S.A. 40:55D-70(c)(1)(c), which states that a variance may be
granted when strict application of any regulation "would result in peculiar and exceptional practical difficulties to, or
exceptional and undue hardships upon, the developer of such property. . . ." is significant. (Emphasis added). Because the
term "or" between the phrases "peculiar and exceptional practical difficulties" and "exceptional and undue hardships" is
disjunctive, a developer may seek a variance under either phrase, provided the other relevant criteria for a (c)(1) variance are met. To hold otherwise would render the phrase "peculiar and exceptional practical difficulties" superfluous.
