SCADUTO v. DEP'T OF ENVTL. PROT.

DOCKET NO. A-3240-20.

288 A.3d 1261 (2023)

474 N.J. Super. 427

John Robert SCADUTO and Debra Lynn Scaduto, Plaintiffs-Appellants, v. State of New Jersey, DEPARTMENT OF ENVIRONMENTAL PROTECTION, Defendant-Respondent. Robert J. Harkins, Plaintiff-Appellant, v. State of New Jersey, Department of Environmental Protection, Defendant-Respondent. Mark Curcio and Barbara Curcio, Plaintiffs-Appellants, v. State of New Jersey, Department of Environmental Protection, Defendant-Respondent. Sandbox Properties, LLC, Plaintiff-Appellant, v. State of New Jersey, Department of Environmental Protection, Defendant-Respondent. Anthony D'Auria and Deborah D. D'Auria, Plaintiffs-Appellants, v. State of New Jersey, Department of Environmental Protection, Defendant-Respondent. Stephen Roma and Mary L. Roma, Plaintiffs-Appellants, v. State of New Jersey, Department of Environmental Protection, Defendant-Respondent. Richard Colavita and Anne S. Colavita, Plaintiffs-Appellants, v. State of New Jersey, Department of Environmental Protection, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided January 12, 2023.


Attorney(s) appearing for the Case

John J. Reilly argued the cause for appellants (Bathgate, Wegener & Wolf, PC, attorneys; John J. Reilly , on the briefs).

Brian W. Keatts argued the cause for respondent (Rutter & Roy, LLP, attorneys; Brian W. Keatts , on the brief).

Before Judges Accurso, Firko and Natali.


The opinion of the court was delivered by

Plaintiffs in these seven inverse condemnation actions, consolidated in the trial court, appeal from Judge Lynch Ford's dismissal of their complaints against the Department of Environmental Protection under the entire controversy doctrine. The dismissal order leaves plaintiffs to...

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