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BERNARDSVILLE QUARRY v. BERNARDSVILLE BOROUGH

129 N.J. 221 (1992)

608 A.2d 1377

BERNARDSVILLE QUARRY, INC., A NEW JERSEY CORPORATION, PLAINTIFF-APPELLANT AND CROSS-RESPONDENT, v. BOROUGH OF BERNARDSVILLE, A MUNICIPAL CORPORATION, DEFENDANT-RESPONDENT AND CROSS-APPELLANT, AND JOHN DOE AND RICHARD ROE, UNKNOWN DEFENDANTS, DEFENDANTS.

The Supreme Court of New Jersey.

Decided July 23, 1992.

Attorney(s) appearing for the Case

Clifford W. Starrett argued the cause for appellant and cross-respondent (Schenck, Price, Smith & King, attorneys).

Dennis Alan Cipriano argued the cause for respondent and cross-appellant (Gebhardt & Kiefer and Cipriano & Friedman, attorneys; Sharon Handrock Moore, on the briefs).

The opinion of the Court was delivered by HANDLER, J.

In this case a municipality enacted an ordinance regulating quarries. The ordinance imposed a licensing requirement for quarry operations and limited the depth below which property could not be quarried. The owner of a quarry contends that the application of the ordinance to its property effectively prohibits its use as a quarry, and therefore constitutes a governmental taking of its property. That contention poses...

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