05-27-09 STEVEN TANENBAUM, ET AL. V. TOWNSHIP OF WALL BOARD OF
ADJUSTMENT, ET AL.
A-1740-06T1
Plaintiffs, Steven and Deborah Tanenbaum, were homeowners
in a Mount Laurel development constructed pursuant to the
settlement of a builders' remedy suit. When the Tanenbaums
sought to subdivide their property, they were informed by the
Township's Board of Adjustment that they could not take
advantage of the small-lot zoning that had been permitted as the
result of the Mount Laurel litigation. Instead, their proposed
subdivision was governed by the large-lot zoning otherwise
applicable to the property. The Tanenbaums unsuccessfully
challenged the Board's conclusion in a prerogative writs action.
This appeal followed.
In our per curiam opinion, we affirm on the basis of the
opinion of Judge Alexander Leh simultaneously with ours.
Richard Sadowski
Assistant Editor
