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GARDNER v. N.J. PINELANDS, COM'N

235 N.J. Super. 382 (1989)

562 A.2d 812

HOBART R. GARDNER, PLAINTIFF-APPELLANT, v. NEW JERSEY PINELANDS COMMISSION, NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, COMMISSIONER OF ENVIRONMENTAL PROTECTION AND JOHN DOE(S), DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 13, 1989.

Attorney(s) appearing for the Case

Patrick F. McAndrew argued the cause for appellant (Brandt, Haughey, Penberthy, Lewis & Hyland, attorneys, Patrick F. McAndrew and Sandford F. Schmidt, on the brief).

Mary C. Jacobson, Deputy Attorney General, argued the cause for respondents (Peter N. Perretti, Jr., Attorney General, attorney, James J. Ciancia, Assistant Attorney General, of counsel and Mary C. Jacobson, on the brief).

Before Judges GAULKIN, R.S. COHEN and ARNOLD M. STEIN.

PER CURIAM.

Plaintiff, a landowner, sought an order declaring that certain restrictions on development of his property contained in the Pinelands Comprehensive Management Plan constitute a partial taking and therefore require defendants to institute condemnation proceedings. The position plaintiff asserted in his complaint and at trial was correctly disposed of by Judge Wells. As to those matters we affirm essentially for the reasons set forth in his opinion, which...

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