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MATLACK v. BURLINGTON CY. BD. OF CHOSEN FREEHOLDERS

194 N.J. Super. 359 (1984)

476 A.2d 1262

MARVIN F. MATLACK, JOHN W. STORY AND JUNE G. STORY, PLAINTIFFS-APPELLANTS, v. BURLINGTON COUNTY BOARD OF CHOSEN FREEHOLDERS, ET AL., DEFENDANTS-RESPONDENTS, NEW JERSEY CONSERVATION FOUNDATION AND THE ENVIRONMENTAL DEFENSE FUND, INC., DEFENDANT-INTERVENORS-RESPONDENTS, AND NEW JERSEY PINELANDS COMMISSION, AMICUS CURIAE.

Superior Court of New Jersey, Appellate Division.

Decided June 14, 1984.

Attorney(s) appearing for the Case

Sam Kazman of the District of Columbia bar, admitted pro hac vice, argued the cause for appellants (John W. Beasley, Jr., for Matlack, and Goldman & Goldman, for John and June Story; John W. Beasley, Jr., Joseph W. Marshall, III, of the Mid-Atlantic Legal Fund, Bonnie Goldman and Jeffrey Goldman, and Sam Kazman, of the Pacific Legal Foundation, of counsel and on the brief).

Michael J. Hogan argued the cause for respondents (M. Jefferson Davis and Anton Muschal, on the brief).

James T.B. Tripp of the New York bar, admitted pro hac vice, argued the cause for the intervenors (Cerrato, O'Connor, Mehr & Saker, attorneys; James E. Collins and James T.B. Tripp, on the brief).

Mary C. Jacobson, Deputy Attorney General, argued the cause for amicus curiae, New Jersey Pinelands Commission (Irwin I. Kimmelman, Attorney General of New Jersey, attorney; Deborah T. Poritz, Deputy Attorney General of counsel; Mary C. Jacobson, on the brief).

Before Judges BOTTER, PRESSLER and O'BRIEN.

PER CURIAM.

Plaintiffs' sole contentions on this appeal are that (1) respondent Burlington County Board of Chosen Freeholders lacks authority to acquire Pinelands Development Credits (PDC's) incidental to its acquisition of conservation easements and (2) funds derived through the County's conservation easement bond ordinance cannot be used to purchase PDC's because the ordinance did not contemplate their acquisition. We reject these contentions substantially for the...

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