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GREENWAY DEV. CO., INC. v. PARAMUS

750 A.2d 764 (2000)

163 N.J. 546

GREENWAY DEVELOPMENT CO., INC. and Greenway Corporation Inc., incorrectly impleaded as Greenway Corporation Co., Inc., Plaintiffs-Respondents, v. BOROUGH OF PARAMUS, Mayor Clifford Gennarelli, Individually and as Mayor and Peter Wells, Zoning Official, Defendants-Appellants, and Warren Lane Associates, a New Jersey Partnership, Robert C. Sumner, Stephen B. Palmer, Stanley Bekritsky and Douglas Haynes, Co-Trustees of the Edith Marion Summer Trust Agreement No. 2, Arthur B. Fowler, Arthur B. Fowler, II, and John Fowler, All as Successor Venture Agents of Paramus Investment Venture, a Joint Venture, Schilp & Co., L.L.C., Alexander Summer, L.L.C. and Borough of Paramus Planning Board, Defendants.

Supreme Court of New Jersey.

Decided May 15, 2000.

Attorney(s) appearing for the Case

Frank J. Cuccio, Florham Park, for defendants-appellants (Cuccio and Cuccio, attorneys; Mr. Cuccio and Jonathan M. Remshak, on the brief).

Sheri K. Siegelbaum, Secaucus, for plaintiffs-respondents (Scarinci & Hollenbeck, attorneys).

The opinion of the Court was delivered by COLEMAN, J.

The issue raised in this appeal is whether the notice of claim provision in the New Jersey Tort Claims Act (TCA), N.J.S.A. 59:1-1 to 12-3, applies to an action for inverse condemnation. The Law Division found that compliance with the TCA was not a prerequisite to pursuing inverse condemnation claims. We agree and affirm.

I.

The relevant facts are undisputed. In March 1997, plaintiffs Greenway...

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