Iler v. Township of Middletown

A-2081-98T1 (N.J. Super. App. Div. 1999) (Unpublished)
  • Opinion Date: October 22, 1999

ZONING; BUILDING PERMITS; APPEALS—Failure to exhaust administrative remedies bars the prosecution of a zoning or building permit appeal even if the applicant alleges hostility by the governmental authorities.

A homeowner was denied a building permit for the construction of a fence around the perimeter of its residential property and was also denied permission to construct a Mount Laurel affordable housing apartment as an addition to its attached garage. Instead of lodging its appeal with the Zoning Board of Adjustment as required by statute, the homeowner chose to by-pass the Board and filed a complaint in lieu of prerogative writ to compel the issuance of the requested building permits. Because the homeowner failed to exhaust its administrative remedies, the Appellate Division upheld the lower court’s denial of the relief that was sought. “It matters not that plaintiff felt he was being treated with hostility by the community.”