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ROHALY v. STATE, DEPT. OF ENVIRONMENTAL PROTECTION

732 A.2d 524 (1999)

323 N.J. Super. 111

Paul J. ROHALY, Plaintiff-Appellant, v. The STATE of New Jersey, DEPARTMENT OF ENVIRONMENTAL PROTECTION AND ENERGY, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided June 22, 1999.

Attorney(s) appearing for the Case

Stein & Stein, Succasunna, for plaintiff-appellant (Mitchell R. Stein, on the brief).

John J. Farmer, Jr., Attorney General, for defendant-respondent (Joseph L. Yannotti, Assistant Attorney General, of counsel; Mark Oshinskie, Deputy Attorney General, on the brief).

Before Judges, MUIR, Jr., EICHEN and COBURN.

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

This is an inverse condemnation case. Plaintiff filed a complaint for damages on June 22, 1994, based on claims of trespass; a taking without just compensation, "pursuant to N.J.S.A. 20:3-5"; and wilful and malicious conduct. The claims stem from the installation of three groundwater monitoring wells by the Department of Environmental Protection (DEP) in 1987 on industrial property located in the Township...

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