Legal Question in Real Estate Law in New Jersey

Illegal Resolution

if a use variance was granted in 1975 and it now appears certain restrictions in the resolution are illegal to have in, does that make the whole resolution an illegal document and make it necessary for the applicant to apply for a new use variance. the use variance wouldn't have been granted by the board in 1975 if the restrictions weren't agreed to by all parties involved. now 1 or more of the restrictions are said to be illegal.


Asked on 9/26/07, 12:49 pm

1 Answer from Attorneys

Re: Illegal Resolution

This is VERY fact sensitive. The original resolution and deed need to be reviewed in detail before anyone can offer you any advice. Remember, the placement of a comma, or the use of "will" or "shall" can change the meaning of any document.

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Answered on 9/26/07, 2:07 pm


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