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KARAM v. STATE, DEPT. OF ENVTL. PROTECTION

308 N.J. Super. 225 (1998)

EDMUND T. KARAM AND BARBARA KARAM, H/W, PLAINTIFFS-RESPONDENTS, v. STATE OF NEW JERSEY, DEPARTMENT OF ENVIRONMENTAL PROTECTION, ROBERT C. SHINN, COMMISSIONER OF THE DEPARTMENT OF ENVIRONMENTAL PROTECTION, DEFENDANTS-APPELLANTS, AND CHICAGO TITLE INSURANCE COMPANY, A CORPORATION, DEFENDANT. PETER DIBIAGIO AND LAURA DIBIAGIO, H/W, INTERVENOR-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided February 13, 1998.

Attorney(s) appearing for the Case

Alyssa Pearlman Wolfe, Deputy Attorney General, argued the cause for appellants (Peter Verniero, Attorney General, attorney; Mary C. Jacobson, Assistant Attorney General, of counsel; Ms. Wolfe, on the brief).

Richard M. Hluchan, argued the cause for respondents (Levin & Hluchan, attorneys; Mr. Hluchan, of counsel; Jeffrey S. Beenstock, on the brief).

Before Judges BAIME, WEFING, and BRAITHWAITE.

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

This is a regulatory taking case. In 1924, Charles and May Schweinert purchased from the State the riparian land adjoining their upland property situated along the Manasquan River. Under the riparian grant, the tide-flowed land could only be used for construction of a dock or recreational pier. The grant required common ownership of the upland property and the riparian land. Although the Waterfront and Harbor...

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