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AMERICAN DREDGING COMPANY v. STATE

161 N.J. Super. 504 (1978)

391 A.2d 1265

AMERICAN DREDGING COMPANY, PLAINTIFF, v. STATE OF NEW JERSEY, DEPARTMENT OF ENVIRONMENTAL PROTECTION, RICHARD J. SULLIVAN; THOMAS O'NEILL; AND GEORGE F. KUGLER, JR., DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided July 31, 1978.

Attorney(s) appearing for the Case

Mr. Grover C. Richman for plaintiff (Messrs Richman, Berry, Ferren and Tyler, attorneys).

Mr. Keith A. Onsdorff, Deputy Attorney General, for defendants (Mr. John J. Degnan, Attorney General of New Jersey, attorney).

LOWENGRUB, J.S.C.

This is a case of first impression. Plaintiff American Dredging Company (ADC) seeks to have this court declare that the prohibition from placing dredged material on an 80-acre tract of its land in Logan Township, N.J., pursuant to an order promulgated by the Commissioner of the Department of Environmental Protection (DEP), is a taking of its property without payment of just compensation and therefore void. I do not agree. The order of the DEP is...

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