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ISLAND VENTURE ASSOCIATES v. NEW JERSEY DEP.

846 A.2d 1228 (2004)

179 N.J. 485

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

Supreme Court of New Jersey.

Decided May 5, 2004.

Attorney(s) appearing for the Case

Rachel J. Horowitz, Deputy Attorney General, argued the cause for appellant (Peter C. Harvey, Attorney General of New Jersey, attorney; Michael J. Haas, Assistant Attorney General, of counsel).

Richard M. Hluchan, Voorhees, argued the cause for respondent (Ballard Spahr Andrews & Ingersoll, attorneys).

Thomas A. Borden, Newark, argued the cause for amici curiae Pinelands Preservation Alliance and Association of New Jersey Environmental Commissions.

Paul H. Schneider, argued the cause for amici curiae New Jersey Builders Association (Giordano, Halleran & Ciesla, attorneys; Michael J. Gross, of counsel).

Justice VERNIERO delivered the opinion of the Court.

We must decide whether the property owner in this case is bound to a restriction on its land that was imposed by the Department of Environmental Protection (DEP) as part of a coastal permit issued to the owner's predecessor in title. Because the restriction could not be found by a diligent search of record title, and for the other reasons expressed below, we hold that the property owner is not bound by the restriction...

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