UNCLE v. N. JERSEY PINELANDS COMMISSION


275 N.J. Super. 82 (1994)

645 A.2d 788

FRANCIS UNCLE AND FRED VAHLSING, III, PLAINTIFFS-APPELLANTS, v. NEW JERSEY PINELANDS COMMISSION, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided July 19, 1994.


Attorney(s) appearing for the Case

Malsbury, Armenante & Podraza, attorneys for appellants (Sharon M. Podraza, on the brief; Frank P. Armenante, on the reply brief).

Deborah T. Poritz, Attorney General, attorney for respondent (Mary C. Jacobson, Asst. Attorney General, of counsel; Rachel Horowitz, Deputy Attorney General, on the brief).

Before Judges BRODY, STERN and KEEFE.


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

This appeal challenges a Pinelands Commission (Commission) regulation, adopted pursuant to the Pinelands Protection Act (Act), N.J.S.A. 13:18A-1 to -29, that prevents plaintiff Frances Uncle (plaintiff) from using her property for the extraction of sand and gravel. The regulation has that effect because she had failed to register the use as nonconforming by January 21, 1981, and therefore under the regulation...

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