Borough of Demarest v. State, Dept. of Environmental Protection
| Court | Superior Court of New Jersey |
| Writing for the Court | GELMAN |
| Citation | 372 A.2d 656,148 N.J.Super. 322 |
| Decision Date | 25 February 1977 |
| Parties | BOROUGH OF DEMAREST, Plaintiff, v. STATE of New Jersey, DEPARTMENT OF ENVIRONMENTAL PROTECTION, Defendant. |
Page 322
v.
STATE of New Jersey, DEPARTMENT OF ENVIRONMENTAL PROTECTION,
Defendant.
Chancery Division.
[372 A.2d 657]
Page 323
John A. Schepisi, Englewood Cliffs, for plaintiff (Breslin & Schepisi, Englewood Cliffs, attorneys).William F. Hyland, Atty. Gen., for defendant (Peter J. Herzberg, Deputy Atty. Gen., appearing).
GELMAN, J.S.C.
Plaintiff seeks a declaratory judgment that the Department of Environmental Protection and the
Page 324
State House Commission (DEP) do not have jurisdiction over certain non-Green Acres lands owned by the Borough of Demarest.Demarest has 189 acres of boroughowned parklands of which 27 acres were purchased with Green Acres funds pursuant to grant contracts entered into between Demarest and the DEP. It intends to lease 78 acres of parklands to the Demarest Nature Center Association. None of the acreage to be leased was acquired with Green Acres funds, although some of it was existing parkland at the time of the grants.
As to this proposed lease, the DEP states that its approval is not required because the lease does not constitute diversion to a use for other than recreation and conservation in view of the Nature Center's consistent practice to open its lands to the general public for conservation purposes. Nevertheless, the borough seeks a declaratory judgment from this court as to whether, in the future, it must seek approval of the DEP prior to diversion of parklands which were in existence at the time of Demarest's two Green Acres grants.
Demarest acquired lands for recreation and conservation under the New Jersey Green Acres Land Acquisition Act of 1971, N.J.S.A. 13:8A--19 Et seq. The purpose of this act was to expand and preserve recreation and conservation areas within the State. There were specific legislative findings[372 A.2d 658] incorporated into the act as to the need to protect such lands for the use of existing as well as future generations. N.J.S.A. 13:8A--20(a), (b), (c), (d). Under the act, municipalities could apply to the DEP for Green Acres funds to assist them in purchasing lands which would be dedicated as parklands. N.J.S.A. 13:8A--26 Et seq.
Pursuant to these provisions the Borough of Demarest contracted with the DEP on May 28, 1974 for $171,000, and on December 27, 1974 for $90,725.00, these sums representing 50% Of the purchase price of the borough-acquired lands....
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Cedar Cove, Inc. v. Stanzione
...564 (Law Div.1988) (finding land previously zoned as "open space" to be subject to subsection 47(b)); Borough of Demarest v. State, 148 N.J.Super. 322, 372 A.2d 656 (Ch.Div.1977) (finding existing parklands at time of grant to be subject to Green Acres Subsection 47b would apply if, in 1978......
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Cedar Cove v. Stanzione
...at State expense. See Kauffman v. No. Haledon Bor., 229 N.J.Super. 349, 551 A.2d 564 (Law Div.1988); Borough of Demarest v. State, 148 N.J.Super. 322, 372 A.2d 656 (Ch.Div.1977). There were no statutory restrictions on diversion of pre-existing recreation lands prior to enactment of § 47(b)......
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Kauffman v. Mayor and Council of Borough of North Haledon
...of the entire grant pursuant to, and in accordance with, the terms of that development project agreement. In Bor. of Demarest v. State, 148 N.J.Super. 322, 372 A.2d 656 (Ch.Div.1977) Demarest had entered into two separate Green Acres agreements, each containing the paragraph H(2) restrictiv......
-
Cedar Cove, Inc. v. Stanzione
...564 (Law Div.1988) (finding land previously zoned as "open space" to be subject to subsection 47(b)); Borough of Demarest v. State, 148 N.J.Super. 322, 372 A.2d 656 (Ch.Div.1977) (finding existing parklands at time of grant to be subject to Green Acres Subsection 47b would apply if, in 1978......
-
Cedar Cove v. Stanzione
...at State expense. See Kauffman v. No. Haledon Bor., 229 N.J.Super. 349, 551 A.2d 564 (Law Div.1988); Borough of Demarest v. State, 148 N.J.Super. 322, 372 A.2d 656 (Ch.Div.1977). There were no statutory restrictions on diversion of pre-existing recreation lands prior to enactment of § 47(b)......
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Kauffman v. Mayor and Council of Borough of North Haledon
...of the entire grant pursuant to, and in accordance with, the terms of that development project agreement. In Bor. of Demarest v. State, 148 N.J.Super. 322, 372 A.2d 656 (Ch.Div.1977) Demarest had entered into two separate Green Acres agreements, each containing the paragraph H(2) restrictiv......