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Monday, August 12, 2013

Price v. Himeji, Union City Zoning Bd. of Adjustment (A-46-11; 068971)



Evaluation of the particularly suitable standard is fact-specific and site-sensitive, requiring a finding that the general welfare would be served because the proposed use is peculiarly fitted to the particular location. Although the availability of alternative locations is relevant to this analysis, it does not bar a finding of particular suitability. In light of the thorough record and detailed resolution, the Appellate Division’s decision to exercise its original jurisdiction was proper, as was its decision to reinstate the Board’s resolution granting Himeji’s application. 6-25-13