The merger doctrine enunciated in Loechner applies only to adjacent undersized lots held in common legal title; here, even though the lots were owned by either members of the same family or by a corporation and its prinicpal, they were always titled in legally separate parties and, therefore, no merger occurred; also, in considering a hardship under 40:55D-70(c)(1), a disqualifying self-created hardship requires an affirmative act that transforms a conforming property into one that is nonconforming.
August 15, 2005 at 12:00 AM
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