NEW JERSEY SHORE BUILDERS ASS'N v. TOWNSHIP OF JACKSON

A-83 September Term 2007

970 A.2d 992 (2009)

199 N.J. 38

NEW JERSEY SHORE BUILDERS ASSOCIATION, a non-profit New Jersey Corporation, Plaintiff-Respondent, v. TOWNSHIP OF JACKSON, a New Jersey Municipal Corporation located in Ocean County, Defendant-Appellant.

Supreme Court of New Jersey.

Decided May 13, 2009.


Attorney(s) appearing for the Case

Kevin N. Starkey, Brick, argued the cause for appellant (Starkey, Kelly, Bauer, Kenneally & Cunningham, attorneys; Mr. Starkey and Dina R. Khajezadeh, on the briefs).

Paul H. Schneider, Red Bank, argued the cause for respondent (Giordano, Halleran & Ciesla, attorneys; Mr. Schneider, Matthew N. Fiorovanti and Afiyfa H. Ellington, on the briefs).

Edward L. Lloyd, submitted a brief on behalf of amici curiae Sierra Club and Association of New Jersey Environmental Commissions.


Justice LONG delivered the opinion of the Court.

At issue in this appeal is the validity of a tree removal ordinance, enacted by a municipality under the police power. The ordinance requires a property owner to replace any tree that is removed (with certain enumerated exceptions) or, if that is not feasible, to make a payment into a fund dedicated to the planting of trees and shrubs on public property. The trial judge held that the intent of the ordinance was to ameliorate...

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