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<br />Zoning Bulletin <br /> <br />in its authority meant that Greengael's claims were destined to rail even <br />had they not been barred. <br />All of Greengael's claims were dismissed. <br /> <br />See also: Gilbreath v. Brewstel~ 250 Va. 436, 463 S.E.2d 836 (1995). <br /> <br />Change of Use--Owner of nursing homes seeks state <br />license without local approval <br /> <br />Claims zoning, health agencies enforced state statute inequitably <br /> <br />Citation: Delcare Corp. v. Township of Bloomfield, 2007 WL 1755961 <br />(N.J. Super. Ct. App. Dh'. 2007) <br /> <br />N""EW JERSEY (06/20/07)-Del Vecchio owned tvvo corporations, Del- <br />care Corporation and Hazelcrest Manor Nursing Home, Inc., which <br />both did business as residential nursing homes in Bloomfield Town- <br />ship. The facilities were operated as valid nonconforming uses ror <br />many years. <br />Eventually, Del Vecchio obtained a state license to operate at least <br />one of the homes as a residential health care facility. Under state law, <br />such a license would only be issued if approvals from local zoning, fire, <br />health, and building authorities were on file with the state licensing <br />agency. The law, in relevant part, srated that "the license shall not be <br />renewed if local rules, regulations, 8...Tld/or requirements are not met." <br />Furillermore, under state law, no license to operate a boarding house <br />would be issued without prior approval rrom the local zoning agency. <br />One of Del Vecchio's homes had operated ror a time as a boarding <br />house. However, Del Vecchio never obtained permission from the zon- <br />ing board to change the use or the facilities from nursD.J.g homes to resi- <br />dential health care facilities or boarding houses. <br />In October 2002, Del Vecchio sued the township's zorling and build- <br />LcJ.g depacLIIlents, among others, alleging economic and other damages <br />as a result or being "harassed through an abuse or process (improper in- <br />spections, disparity of treatment as compared with similar racilities and <br />actions with no support or basis in fact)." Del Vecchio sought injunctive <br />relief against the township to cease interrering wirh the operations of <br />the facilities. <br />After the court denied the township's original request for dismissal <br />and granted an extensive discovery period, the court ultimately found in <br />the township's favor without a trial. Del Vecchio appealed. <br /> <br />Decision: Affirmed. <br /> <br />In finding in the township's favor, the lower court issued a US-page <br />written description of its I:LTldings based on the evidence. The court had <br /> <br />10 <br /> <br />110 <br /> <br />