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SPORKIN v. STAFFORD TP.

227 N.J. Super. 569 (1988)

548 A.2d 218

CYRUS SPORKIN, DAVID MEYERS, MARVIN LUNDY, LOUIS FINE AND BONNETT SHORES, INC., A NEW JERSEY CORPORATION, PLAINTIFFS-RESPONDENTS, v. STAFFORD TOWNSHIP, TOWNSHIP COUNCIL OF STAFFORD, CARL W. BLOCK, INDIVIDUALLY, A. WILLIAM SMITH, INDIVIDUALLY, DONALD E. ALMAN, INDIVIDUALLY, MARIE BOGDANSKI, INDIVIDUALLY, JAMES F. HOFACKER, INDIVIDUALLY, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided September 21, 1988.

Attorney(s) appearing for the Case

Thomas E. Monahan argued the cause for appellants (Gilmore & Monahan, attorneys).

Kevin J. Coakley argued the cause for respondents (Connell, Foley & Geiser, attorneys; Stephen D. Kinnard, on the brief).

Before Judges KING, GAULKIN and D'ANNUNZIO.

The opinion of the court was delivered by KING, P.J.A.D.

We conclude that the Law Division judge's determination that the Conservation Zone in question was arbitrary and unreasonable must be reversed.

The plaintiffs own 130 acres on Cedar Bonnett Island in Stafford Township. This island sits in Barnegat Bay and is connected to the mainland and Long Beach Island by State Highway 72. Plaintiffs' lands are to the south of the highway. Seventy acres are undeveloped...

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