EAST CAPE MAY ASSOC. v. STATE, DEP


777 A.2d 1015 (2001)

343 N.J. Super. 110

EAST CAPE MAY ASSOCIATES, a Florida limited partnership, Plaintiff-Respondent/Cross-Appellant, v. STATE of New Jersey, DEPARTMENT OF ENVIRONMENTAL PROTECTION, and Robert Shinn, Defendants-Appellants/Cross-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided July 25, 2001.


Attorney(s) appearing for the Case

Rachel Horowitz, Deputy Attorney General, argued the cause for appellants/cross-respondents (John J. Farmer, Jr., Attorney General, attorney; Mary C. Jacobson, Assistant Attorney General, of counsel; Ms. Horowitz, on the brief).

Steven P. Perskie, Atlantic City, argued the cause for respondent/cross-appellant (Fox, Rothschild, O'Brien & Frankel, attorneys; Mr. Perskie, of counsel and on the brief with Kathryn D. Portner).

Edward Lloyd, Newark, Rutgers Environmental Law Clinic, attorney for amicus curiae New Jersey Conservation Foundation (John D. Echeverria and John T. Zeidler, of counsel; Mr. Lloyd, on the brief).

Gordon N. Litwin, Newark, argued the cause for amicus curiae, The American Littoral Society, the City of Cape May, and the Cottagers' Association of Cape May, Inc. (Ansell Zaro Grimm & Aaron, attorneys; Mr. Litwin, of counsel; Andrew J. Provence, on the brief).

Before Judges HAVEY, WEFING and CUFF.


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

This is the second chapter of an inverse condemnation case involving a claim of regulatory taking arising from enforcement of the Freshwater Wetlands Protection Act (FWPA), N.J.S.A. 13:9B-1 to -30. N.J.S.A. 13:9B-22b (§ 22b) provides:

If the court determines that the issuance, modification, or denial of a freshwater wetlands permit...

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