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LE COMPTE v. STATE

125 N.J. Super. 352 (1973)

311 A.2d 18

RAMON LE COMPTE, PLAINTIFF-APPELLANT, v. STATE OF NEW JERSEY; RICHARD J. SULLIVAN, COMMISSIONER OF THE DEPARTMENT OF ENVIRONMENTAL PROTECTION; AND THE NATURAL RESOURCE COUNCIL OF THE DIVISION OF MARINE SERVICES OF THE DEPARTMENT OF ENVIRONMENTAL PROTECTION, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided October 29, 1973.

Attorney(s) appearing for the Case

Mr. Richard O. Venino argued the cause for appellant.

Mr. William C. Rindone, Jr., Deputy Attorney General, argued the cause for respondent (Mr. Stephen Skillman, Assistant Attorney General, of counsel).

Before Judges HALPERN, MATTHEWS and BISCHOFF.

PER CURIAM.

Plaintiff in this action seeks a judgment declaring an assessment levied by defendant National Resource Council for use and occupancy of lands owned by the State illegal and without statutory authority.

Plaintiff, a developer, starting in the year 1966, built homes along the Jersey shore which encroached upon tidelands belonging to the State. He mistakenly thought he had obtained appropriate grants...

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