Monarch Communities, LLC v. Township of Montville

Summary

The Court held that the 1997 amendment to the Municipal Land Use Law requires applicants seeking use variances for inherently beneficial uses to make a specific showing that the variance will not substantially impair the zoning plan and zoning ordinance. It revised the fourth step of the governing variance standard to require that showing before balancing the positive and negative criteria. The Court reversed and remanded for application of the revised standard to the record, without expressing a view on the ultimate result.