N.J. Supreme Court backs Highland Act land rules by Paula Saha/The Star-Ledger Tuesday December 09, 2008, 11:09 AM
The New Jersey Supreme Court today upheld the Highlands Act, a landmark land-preservation law that curbs development in northern New Jersey .
Developer OFP has been fighting to build 26 homes on 93 acres in Washington Township in Morris County and has argued that the Highlands Act amounts to an unfair "taking" of their land. The state Supreme Court today upheld an appellate court ruling that the developer needed to make use of the compensation remedies that are built into the 2004 law -- such as applying for a waiver -- before asking the courts to intercede. AP
In 2005, OFP's case before Superior Court Judge Theodore Bozonelis in Morris County was the first to test the constitutionality of the Highlands Act. Bozonelis dismissed their claim, and noted that the law provides protection to property owners through an administrative process that includes waivers that OFP had never applied for. The appeals court upheld that ruling.
In arguments before the Supreme Court in September, OFP attorney Brian Mulligan said a waiver would not make his client whole because it would allow only "minimal" use of the land.
Deputy Attorney General Barbara Conklin, arguing on behalf of the Department of Environmental Protection that day, conceded that the developer probably would not be able to build all 26 homes, but no one knew what they could build because they never applied "to get the relief the act intended them to have."
The court was unanimous in affirming the lower court's opinion. They opted not to write a full opinion in the case, relying instead on on the lower court opinion. Their decision is online.
The Highlands Act, passed in 2004, limited development in a huge swath of the state covering 88 municipalities in Morris, Sussex, Warren, Bergen, Passaic, Somerset and Hunterdon counties. The region provides drinking water to more than half the state.
