Legal Opinion

Griffith v. State of New Jersey, Department of Environmental Protection

New Jersey Superior Court Appellate Division

Decided May 15, 2001PublishedCited by 8 opinions

1Opinion of the Court

The opinion of the court was delivered by

PRESSLER, P.J.A.D.

This is an inverse condemnation case involving an alleged regulatory taking. Ultimately, and before entry of final judgment, defendant Department of Environmental Protection (DEP), by way of amelioration pursuant to the Freshwater Wetlands Protection Act (FWPA), N.J.S.A. 13:9B-1 to -30, and more particularly 13:9B-22b, accorded plaintiff Darwin R. Griffith all of the permits and approvals he required in order to develop his property in Little Egg Harbor Township, allowing him to construct a 26-foot road over wetlands and to subdivide…

2Cases cited9 opinions

  1. First English Evangelical Lutheran Church v. County of Los AngelesSupreme Court of the United States · 1987
  2. United States v. Riverside Bayview Homes, Inc.Supreme Court of the United States · 1985
  3. Schiavone Construction Co. v. Hackensack Meadowlands Development CommissionSupreme Court of New Jersey · 1985
  4. Toms River Affiliates v. DEPT., ENVIRON. PROTEC.New Jersey Superior Court Appellate Division · 1976
  5. East Cape May Associates v. StateNew Jersey Superior Court Appellate Division · 1997

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3Cited by8 opinions

  1. OFP, LLC v. StateNew Jersey Superior Court Appellate Division · 2007
  2. Desai v. BOARD OF ADJ. OF PHILLIPSBURGNew Jersey Superior Court Appellate Division · 2003
  3. United Savings Bank v. StateNew Jersey Superior Court Appellate Division · 2003
  4. East Cape May Assoc. v. State, DepNew Jersey Superior Court Appellate Division · 2001
  5. Griffith v. STATE, DEPNew Jersey Superior Court Appellate Division · 2001

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