EAST CAPE MAY ASSOCIATES v. STATE, DEPT. OF E.P.


300 N.J. Super. 325 (1997)

EAST CAPE MAY ASSOCIATES, A FLORIDA LIMITED PARTNERSHIP, PLAINTIFF-RESPONDENT, v. STATE OF NEW JERSEY, NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, AND ROBERT C. SHINN, JR., IN HIS OFFICIAL CAPACITY AS COMMISSIONER OF THE NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided April 29, 1997.


Attorney(s) appearing for the Case

Rachel Horowitz, Deputy Attorney General, argued the cause for appellants (Peter Verniero, Attorney General of New Jersey, attorney; Joseph L. Yannotti, Assistant Attorney General, of counsel; Ms. Horowitz, on the brief).

Jack Plackter argued the cause for respondent (Horn, Goldberg, Gorny, Daniels, Plackter and Weiss, attorneys; David A. Sacks, on the brief).

Edward Lloyd argued the cause for amici curiae, New Jersey Conservation Foundation, American Littoral Society, and National Audubon Society (Rutgers Environmental Law Clinic, attorneys; Mr. Lloyd, on the brief).

Before Judges HAVEY, BROCHIN and EICHEN.


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

Plaintiff East Cape May Associates, a limited partnership, owns approximately 100 acres of undeveloped land in the City of Cape May, New Jersey. Most of the property is freshwater wetlands, and both the State and East Cape May agree that it is of "exceptional resource value," a statutory designation which subjects the property to heightened protection against development.

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