DANIEL REICH, D.M.D. V. BOROUGH OF FORT LEE ZONING
BOARD OF ADJUSTMENT, ET AL.
A-1677-08T1 07-29-10
In this action in lieu of prerogative writs, plaintiff
periodontist appeals from an order of the Law Division affirming
the Zoning Board's decision interpreting the simultaneous
occupation of the dental office by him and the existing
endodontist to be an expansion of the nonconforming use, and
denying plaintiff's variance application. The court found the
Board did not act arbitrarily, dismissed with prejudice
plaintiff's complaint, and entered judgment in favor of the
Board.
We reverse. The record does not support the Board's
finding that there was an expansion of the nonconforming use or,
even assuming otherwise, that plaintiff failed to meet the
positive and negative criteria for variance relief.
