USDIN v. ENVIRONMENTAL PROTECTION DEP'T OF N.J.


173 N.J. Super. 311 (1980)

414 A.2d 280

JACK USDIN AND CHARLES HIRSCH, PLAINTIFFS, v. STATE OF NEW JERSEY, DEPARTMENT OF ENVIRONMENTAL PROTECTION, DIVISION OF WATER RESOURCES, DEFENDANT.

Superior Court of New Jersey, Law Division — Middlesex County.

Decided March 28, 1980.


Attorney(s) appearing for the Case

Michael A. Cerreto for plaintiffs (Cerreto & LaPenna, attorneys).

William J. Stohler, Deputy Attorney General, for defendant (John J. Degnan, Attorney General of New Jersey, attorney).


HARDING, J.S.C.

The issues before the court concern whether state administrative land use regulations, applicable to the designation of plaintiffs' land as a floodway, for a four-year period, is a "taking" of property in the constitutional sense, and, if so, what is the appropriate remedy. The first issue appears to be novel in New Jersey.

Plaintiffs' complaint originally sought a declaration that the enabling legislation, N.J.S.A. 58:16A-50 et seq...

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