CBS Outdoor Inc. v. Lebanon Planning Bd./Bd. of Adjust., A-3479-08T2; Appellate Division; opinion by Harris, J.S.C. (temporarily assigned); decided and approved for publication July 22, 2010. Before Judges Stern, Sabatino and J.N. Harris. On appeal from the Law Division, Hunterdon County, L-000161-08. DDS No. 26-2-8728 [40 pp.]
Plaintiff CBS Outdoor Inc. submitted a development application for an outdoor, off-premises advertising sign — a billboard — to defendant Lebanon Planning Board/Board of Adjustment. At the time, Lebanon’s land-use ordinances prohibited billboards in the pertinent zoning district. CBS sought two variances under the Municipal Land Use Law, N.J.S.A. 40:55D-1 to -163: a 40:55D-70(d)(1) use variance and a (d)(6) height variance.
