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CITY OF NEWARK v. TP. OF HARDYSTON

285 N.J. Super. 385 (1995)

667 A.2d 193

CITY OF NEWARK, PLAINTIFF-RESPONDENT, AND THE STATE OF NEW JERSEY, DEPARTMENT OF ENVIRONMENTAL PROTECTION, INTERVENOR-RESPONDENT, v. TOWNSHIP OF HARDYSTON, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided November 13, 1995.

Attorney(s) appearing for the Case

Kevin D. Kelly argued the cause, for appellant (Kelly, Gaus & Holub, attorneys; Mr. Kelly on the brief).

Philip S. Elberg argued the cause, for respondent (Medvin & Elberg, attorneys; Mr. Elberg and Edna Y. Baugh, of counsel and on the brief).

Caroline Vachier, Deputy Attorney General, argued the cause, for intervenor-respondent (Deborah T. Portiz, Attorney General, attorney; Andrea M. Silkowitz, Assistant Attorney General, of counsel; Lorenza Evans, Deputy Attorney General, on the brief).

Before Judges LONG, MUIR, Jr. and BROCHIN.

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

The primary issue presented on this appeal is whether a provision of the Watershed Protection Act (L. 1988, c. 163 as amended by L. 1990, c. 19) which places limitations on the conveyance of watershed property continues to be valid. We have concluded that the moratorium is still in effect and is a factor to be considered in valuing watershed land for tax purposes.

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