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Sunday, January 25, 2015

JOHN E. MYERS, TRUSTEE, AND DIANE D. MYERS, TRUSTEE, VS. OCEAN CITY ZONING BOARD OF ADJUSTMENT AND CITY OF OCEAN CITY A-2568-13T2


JOHN E. MYERS, TRUSTEE, AND DIANE D. MYERS, TRUSTEE, VS. OCEAN CITY ZONING BOARD OF ADJUSTMENT AND CITY OF OCEAN CITY
A-2568-13T2

The City of Ocean City challenged the trial court's order compelling it to respond to a proposed zoning change recommended by the Ocean City Planning Board in its master plan reexamination report. Construing N.J.S.A. 40:55D-62(a), the trial court concluded that a governing body must adopt an ordinance consistent with a change proposed in a reexamination report, or the governing body must affirmatively reject the change after a hearing. We reverse, holding that the statute does not require a governing body to affirmatively act in response to a master plan recommendation, so long as the existing ordinance is substantially consistent with the master plan's land use and housing plan elements.