MANSOLDO v. STATE


898 A.2d 1018 (2006)

187 N.J. 50

Frances MANSOLDO and Ronald G. Mansoldo, Plaintiffs-Appellants, v. STATE of New Jersey, Defendant-Respondent.

Supreme Court of New Jersey.

Decided June 5, 2006.


Attorney(s) appearing for the Case

Raphael G. Jacobs, Tenafly, argued the cause for appellants (Jacobs and Bell, attorneys).

Lewin J. Weyl, Deputy Attorney General, argued the cause for respondent (Zulima V. Farber, Attorney General of New Jersey, attorney; Patrick DeAlmeida, Assistant Attorney General, of counsel; Mr. Weyl and Jason T. Stypinski, Deputy Attorney General, on the briefs).

Carter H. Strickland, Jr., Staff Attorney, Rutgers Environmental Law Clinic, submitted a brief on behalf of amicus curiae, Association of State Floodplain Managers, Inc. (Mr. Strickland, attorney; John D. Echeverria, a member of the District of Columbia Bar, of counsel).


Justice ZAZZALI delivered the opinion of the Court.

When the state regulates lands to protect the environment and provide for the general welfare of its citizens there are inevitably consequences that affect the rights of property owners. In this matter, the New Jersey Department of Environmental Protection (DEP) issued a regulation that severely restricts construction in the Hackensack River floodway for the laudatory goal of limiting flood damage and loss of life...

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