CEDAR COVE, INC. v. STANZIONE


122 N.J. 202 (1991)

584 A.2d 784

CEDAR COVE, INC., A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, AND THE STATE OF NEW JERSEY, DEPARTMENT OF ENVIRONMENTAL PROTECTION, PLAINTIFF-INTERVENOR-RESPONDENT, v. ALPHONSE STANZIONE AND BOROUGH OF SOUTH TOMS RIVER, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS, AND PLANNING BOARD OF THE BOROUGH OF SOUTH TOMS RIVER, DEFENDANTS.

The Supreme Court of New Jersey.

Decided January 29, 1991.


Attorney(s) appearing for the Case

Theodore E. Kyles, Jr., argued the cause for appellant.

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

Craig L. Wellerson, argued the cause for respondent Borough of South Toms River, etc. (Dasti & Murphy, attorneys).

Bruce Dickstein, argued the cause for respondent Alphonse Stanzione (Kimmelman, Wolff & Samson, attorneys).


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

The Green Acres Land Acquisition and Recreation Opportunities Act of 1975 ("1975 Act" or "1975 Green Acres Act") was the third in a sequence of statutes designed to provide State funding to assist municipalities with the acquisition and development of property for conservation and recreation. The two predecessors of the 1975 Act, the Green Acres Land Acquisition Acts of 1961 and 1971, each restricted the alienability...

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