CITY OF NEWARK v. NATURAL RESOURCE COUN., DEPT. OF ENV. PROT.


82 N.J. 530 (1980)

414 A.2d 1304

CITY OF NEWARK, A MUNICIPAL CORPORATION, CITY OF ELIZABETH, A MUNICIPAL CORPORATION, ESTHER G. BERTONI, LOUELLA DeVITA, LOIS BERTONI, LOUIS B. BERTONI; ESTHER G. BERTONI, STEPHEN DUDIAK AND ESTELLE SMITH, TRUSTEES UNDER THE LAST WILL AND TESTAMENT OF LOUIS P. BERTONI FOR THE BENEFIT OF LOUELLA DeVITA, LOUIS B. BERTONI AND LOIS BERTONI; MARION BOSCIA; THE ESTATE OF DAVID COLEMAN; VINCENT P. MAZZOLA; SARA TACCETTA; ANTHONY TACCETTA, JR., BARBARA TACCETTA SANTANGELO AND FRANK STAMATO, PARTNERS TRADING AS C & S DEVELOPMENT COMPANY; NEW JERSEY LAND TITLE INSURANCE ASSOCIATION, A NEW JERSEY CORPORATION, APPELLANTS, v. NATURAL RESOURCE COUNCIL IN THE DEPARTMENT OF ENVIRONMENTAL PROTECTION, AS THE TIDELAND AGENT OF THE STATE OF NEW JERSEY; NAVIGATION BUREAU OF THE DIVISION OF MARINE SERVICES IN THE DEPARTMENT OF ENVIRONMENTAL PROTECTION, AS THE AGENT DESIGNATED BY N.J.S.A. 13:1B-13:2 FOR THE PERFORMANCE OF TITLE STUDIES AND SURVEYS OF THE MEADOWLANDS THROUGHOUT THE STATE OF NEW JERSEY; WILLIAM T. CAHILL, GOVERNOR OF NEW JERSEY, GEORGE F. KUGLER, JR., ATTORNEY GENERAL, ROBERT J. FALCEY, ACTING SECRETARY OF STATE, WALTER WECHSLER, STATE COMPTROLLER, WILLIAM E. MARFUGGI, STATE TREASURER, AND EDWARD KILPATRICK, ACTING COMMISSIONER OF EDUCATION, AS THE TRUSTEES FOR THE SUPPORT OF PUBLIC SCHOOLS DESIGNATED BY N.J.S.A. 18A:56-1; AND THE STATE OF NEW JERSEY, RESPONDENTS.

The Supreme Court of New Jersey.

Decided May 15, 1980.


Attorney(s) appearing for the Case

John R. Weigel argued the cause for appellants.

Elias Abelson, Assistant Attorney General, argued the cause for respondents (John J. Degnan, Attorney General of New Jersey, Attorney; Stephen Skillman, Assistant Attorney General, of counsel).


The opinion of the Court was delivered by SCHREIBER, J.

This case concerns the long-standing and continuing dispute over claims to the ownership of New Jersey's tidally-flowed lands. It is before us as an appeal from an Appellate Division decision upholding the validity of certain claims maps prepared by the State depicting its purported ownership of property in the Hackensack and Newark-Elizabeth meadowlands.

The maps in question were prepared by the Natural...

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