TAC Associates v. New Jersey Department of Environmental Protection

The judgment of the Appellate Division should be affirmed substantially for the unassailable reasoning well-expressed by Judge Fuentes, TAC Assocs. v. N.J. Dep’t of Envtl. Prot., 408 N.J.Super. 117, 973 A.2d 969 (App.Div.2009). Therefore, I respectfully dissent. I add only the following, focusing on events arising after the filing of that opinion that underscore its correctness.

Plaintiff TAC Associates did not sell the property at issue in this ease until 2003. At the time, neither the enabling statute, N.J.S.A. 58:10B-6(a)(4), nor the then extant regulations, N.J.A.C. 19:31-8.2, required…