TAYLOR v. SULLIVAN


119 N.J. Super. 426 (1972)

292 A.2d 31

CHARLOTTE L. TAYLOR, APPELLANT, v. RICHARD J. SULLIVAN, INDIVIDUALLY, AND AS COMMISSIONER OF DIVISION OF NATURAL RESOURCES IN THE DEPARTMENT OF ENVIRONMENTAL PROTECTION (FORMERLY THE DIVISION OF RESOURCE DEVELOPMENT), NATURAL RESOURCE COUNCIL IN THE DEPARTMENT OF ENVIRONMENTAL PROTECTION (FORMERLY THE RESOURCE DEVELOPMENT COUNCIL) BUREAU OF NAVIGATION OF THE STATE OF NEW JERSEY, WILLIAM T. CAHILL, GOVERNOR OF THE STATE OF NEW JERSEY, AND THE STATE OF NEW JERSEY, RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 15, 1972.


Attorney(s) appearing for the Case

Mr. Sidney Finkel argued the cause for appellant (Mr. Harry Green, of counsel).

Mr. Sherman T. Brewer, Jr., Deputy Attorney General, argued the cause for respondents (Mr. George F. Kugler, Jr., Attorney General, attorney; Mr. Stephen Skillman, Assistant Attorney General, of counsel).

Before Judges CONFORD, MATTHEWS and FRITZ.


PER CURIAM.

The principal question here presented is whether the Commissioner of the Department of Environmental Protection has absolute discretion to cancel and revoke, prior to payment by the grantee and actual delivery of a deed, a prior resolution fully implemented by the appropriate agencies of the Department and state officials to grant a riparian interest to a qualified upland owner. We resolve that question in the affirmative.

Appellant owns a group...

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