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ORLEANS BUILDERS & DEVELOPERS v. BYRNE

186 N.J. Super. 432 (1982)

453 A.2d 200

ORLEANS BUILDERS & DEVELOPERS, APPELLANT, v. BRENDAN T. BYRNE, GOVERNOR OF THE STATE OF NEW JERSEY, JERRY F. ENGLISH, COMMISSIONER OF THE DEPARTMENT OF ENVIRONMENTAL PROTECTION, NEW JERSEY PINELANDS COMMISSION, RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided May 14, 1982.

Attorney(s) appearing for the Case

Frank H. Wisniewski argued the cause for appellant (Archer, Greiner & Read, attorneys; Frank H. Wisniewski, Charles Lee Harp, Jr. and Patrick F. McAndrew on the brief).

Richard M. Hluchan, Deputy Attorney General, argued the cause for the respondents (Irwin I. Kimmelman, Attorney General, attorney; James R. Zazzali, former Attorney General, and Andrea M. Silkowitz, Deputy Attorney General, of counsel).

Before Judges BOTTER, ANTELL and FURMAN.

FURMAN, J.A.D.

Orleans Builders and Developers (Orleans) appeals from the denial of its application for a major development by the New Jersey Pinelands Commission. The constitutional validity of legislative and executive action imposing a building moratorium in the New Jersey pinelands is at issue.

In 1978 Congress amended the National Parks and Recreation Act to establish a Pinelands National Reserve of approximately one million acres in the State of New...

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