MORONEY v. MAYOR AND COUNCIL


268 N.J. Super. 458 (1993)

633 A.2d 1045

JOHN MORONEY AND MARY MORONEY, HIS WIFE, PLAINTIFFS-RESPONDENTS, v. MAYOR AND COUNCIL OF THE BOROUGH OF OLD TAPPAN; THE BOARD OF ADJUSTMENT OF THE BOROUGH OF OLD TAPPAN AND THE CONSTRUCTION CODE OFFICIAL OF THE BOROUGH OF OLD TAPPAN, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided December 8, 1993.


Attorney(s) appearing for the Case

Gregory C. Hart argued the cause for appellant Mayor and Council of the Borough of Old Tappan (Gladstone, Milazzo & Hart, attorneys; Mr. Hart, on the brief).

Russell R. Huntington argued the cause for respondents.

Before Judges COLEMAN, MUIR, Jr. and LEVY.


The opinion of the court was delivered by COLEMAN, P.J.A.D.

This case requires us to decide whether there has been an administrative taking of plaintiffs' land through zoning regulations requiring the payment of just compensation.

Plaintiffs are the owners of an undersized, isolated lot located in the Borough of Old Tappan (Borough) which does not meet the requirements of the local zoning ordinance for construction...

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