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ISLAND VENTURE ASSOCS. v. DEPT. OF ENV.

820 A.2d 88 (2003)

359 N.J. Super. 391

ISLAND VENTURE ASSOCIATES, Petitioner-Appellant, v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, Respondent-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided April 11, 2003.

Attorney(s) appearing for the Case

Richard M. Hluchan, Voorhees, argued the cause for appellant (Ballard Spahr Andrews & Ingersoll, attorneys; Mr. Hluchan, of counsel and with Jeffrey S. Beenstock, on the brief).

Jose L. Fernandez, Deputy Attorney General, argued the cause for respondent (Peter C. Harvey, Acting Attorney General, attorney; Michael J. Haas, of counsel; Mr. Fernandez, on the brief).

Paul H. Schneider, Middletown, argued the cause for amicus curiae New Jersey Builders Association (Giordano, Halleran & Ciesla, attorneys; Michael J. Gross, of counsel; Steven M. Dalton and Mr. Schneider, on the brief).

Before Judges WALLACE, JR., CIANCIA and AXELRAD.

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

This appeal presents the question of whether a bona fide purchaser of unimproved property will be held to a land use restriction imposed on a predecessor-in-title by a state agency even though that restriction could not be found by a diligent search of record title. The court last addressed this troublesome issue in Aldrich v. Schwartz, 258 N.J.Super. 300,

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