On March 19, 2015, the Appellate Division of the Superior Court issued an opinion in favor of the Firm’s client, the Toms River Township Planning Board. In Saima Arsalan v. Toms River Township Planning Board, the Appellate Division, in an unpublished opinion, affirmed the Planning Board’s approval granting bulk variance relief.
The court found that the findings of the Planning Board supported its reasonable conclusion that the benefits for the variance relief sought outweighed any detriment. The record before the Planning Board contained ample evidence supporting the Planning Board’s conclusion that the variance effectuates the goals of the community as expressed through its zoning and planning ordinance. The Appellate Division concluded that the Planning Board acted within its discretion in granting the variance because it promoted the best zoning alternative.