SHEERR v. EVESHAM TP.


184 N.J. Super. 11 (1982)

445 A.2d 46

MONA R. SHEERR, INDIVIDUALLY, AND AS THE PERSONAL REPRESENTATIVE OF THE ESTATE OF SALLY SHEERR, DECEASED, PLAINTIFF, v. THE TOWNSHIP OF EVESHAM AND THE MAYOR AND THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF EVESHAM, DEFENDANTS.

Superior Court of New Jersey, Law Division Burlington County.

Decided January 22, 1982.


Attorney(s) appearing for the Case

Michael D. Varbalow for plaintiff (Jubanyik, Varbalow & Tedesco, attorneys).

William Ruggierio for defendants (Ruggierio & Freeman, attorneys).


HAINES, A.J.S.C.

This is a "taking" case. A large wooded portion of the Sheerr property was first zoned by Evesham Township for public park and recreation purposes and, by later amendment, for conditional uses considered appropriate for environmental reasons. No permitted use was established, except in the sense that conditional uses are permitted uses. Other ordinances provided further restrictions.

These regulations are claimed to be so restrictive as to...

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