Supreme Court of New Jersey June 16, 2011 (Nuckel v. Borough of Little Ferry Planning Board)

Justice LONG

delivered the opinion of the Court.

The primary issue on this appeal is whether a developer who proposes to place a driveway on an undersized lot that houses a nonconforming use, to service a hotel on an adjacent lot, is required to obtain variances under the Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-1 to -168, specifically N.J.S.A 40:55D-70(d)(1) and (2).