PATZAU v. DEPT. OF TRANSP.


271 N.J. Super. 294 (1994)

638 A.2d 866

THOMAS PATZAU, JAMES MCKELVEY, ROBERT STAHL, HENRY JABLONSKI, DONALD CONOVER, LOUIS CONOVER, HARRY CAMPBELL, JOHN ZIMMERMAN, MARY HELEN RICHARDSON, HARRY RICHARDSON AND MARY C. RICHARDSON, PLAINTIFFS-APPELLANTS, v. NEW JERSEY DEPARTMENT OF TRANSPORTATION, SOMERSET AIR SERVICE, INC., SOLBERG AVIATION CO., INC., TOWNSHIP OF READINGTON, TOWNSHIP OF BRANCHBURG, TOWNSHIP OF BEDMINSTER, SKY MANOR AIRPORT, A NEW JERSEY CORP., AND ALEXANDRIA TOWNSHIP, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided March 9, 1994.


Attorney(s) appearing for the Case

Sanford E. Chernin argued the cause for appellants.

Anthony T. Drollas, Jr., Deputy Attorney General, argued the cause for respondent New Jersey Department of Transportation (Fred DeVesa, Acting Attorney General of New Jersey, attorney; Mary C. Jacobson, Assistant Attorney General, and John M. Van Dalen, Senior Deputy Attorney General, of counsel; Mr. Drollas, on the brief).

No other parties participated in this appeal.

Before Judges DREIER, BROCHIN and KLEINER.


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

Plaintiffs filed suit in the Law Division against the New Jersey Department of Transportation, the municipalities of Branchburg, Bedminster, Readington and Alexandria, New Jersey, and the operators of several airports in or adjacent to those municipalities, Alleging that they own property in the defendant municipalities, plaintiffs seek a declaratory judgment that the Air Safety and Hazardous Zoning Act of...

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