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Monday, November 4, 2013

ADVANCE AT BRANCHBURG II, LLC VS. TOWNSHIP OF BRANCHBURG


ADVANCE AT BRANCHBURG II, LLC VS. TOWNSHIP OF
BRANCHBURG BOARD OF ADJUSTMENT
 A-1840-12T2

This appeal presented the issue of whether a
residential development consisting primarily of market-rate
housing, but also including affordable housing units,
constitutes an inherently beneficial use for the purposes
of obtaining a use variance pursuant to N.J.S.A. 40:55D-
70(d)(1). Plaintiff sought to build the development in an
industrial zone. In the reported portion of the opinion,
the panel concluded that such a development is not an
inherently beneficial use. In the unreported portion of
the opinion, the panel concluded that the Board's decision
denying the variance was not arbitrary, capricious or
unreasonable. 11-01-13