Borough of Demarest v. State

Gelman, J. S. C.

Plaintiff seeks a declaratory judgment that the Department of Environmental Protection and the *324State House Commission (DEP) do not have jurisdiction over certain non-Green Acres lands owned by the Borough of Demarest.

Demarest has 189 acres of borough-owned parklands of which 27 acres were purchased with Green Acres funds pursuant to grant contracts entered into between Demarest and the DEP. It intends to lease 78 acres of parklands to the Demarest Nature Center Association. None of the acreage to be leased was acquired with Green Acres funds, although some of it was existing…