GARDNER v. NEW JERSEY PINELANDS COM'N


125 N.J. 193 (1991)

593 A.2d 251

MARY GARDNER, INDIVIDUALLY AND MARY GARDNER, EXECUTRIX OF THE ESTATE OF 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.

The Supreme Court of New Jersey.

Decided July 23, 1991.


Attorney(s) appearing for the Case

Patrick F. McAndrew argued the cause for appellant (Brandt, Haughey, Penberthy, Lewis & Hyland, attorneys).

Mary C. Jacobson, Deputy Attorney General, argued the cause for respondents (Robert J. Del Tufo, Attorney General of New Jersey, attorney).


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

The central issue in this case is whether the application of state regulations that limit the use of land in an environmentally-sensitive area constitutes an unconstitutional taking of private property. The regulations strictly limit residential development on such land and require that all remaining undeveloped acreage be subject to a recorded deed restriction limiting it to agriculture and related uses. A farmer...

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