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Rosenblum v. Palisade Pre-School

A-5631-00T1 (N.J. Super. App. Div. 2002) (Unpublished)

ZONING; SCHOOLS— Operating only a preschool and kindergarten does not make a school into a day care center for zoning purposes.

A municipal zoning code made educational institutions, but not day care centers, a permitted use. A planning board approved a final site plan, permitting the operation of a school with classes from pre-kindergarten to third grade. The planning board later waived two of the conditions for approval that dealt with approvals and certifications for pre-kindergarten through grade six because the school only had a preschool and kindergarten. A homeowner challenged the board’s waiver of the conditions. The lower court ruled that the planning board did not act arbitrarily or capriciously in waiving the conditions and upheld its decision. The homeowner appealed, challenging the lower court’s finding that the lack of grades one through six did not make the property into a day care center, a non-permitted use. The Appellate Division disagreed with the homeowner.

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