Another Inverse Condemnation Complaint Bounced

A New Jersey appeals court recently affirmed the dismissal of an inverse condemnation complaint filed by a property owner against the Township of Mount Laurel, which asserted that a resolution adopted by the Township amounted to a total regulatory taking of his property.  Carroll v. Township of Mt. Laurel, Superior Court of New Jersey, Appellate Division, Docket No. A-5140-09T3.

The resolution in question announced the intention of the municipality to preserve a corridor within which the plaintiff’s property was located for open space.  The township did not amend its Master Plan or zoning ordinance, and did not take any other actions in furtherance of its desire to preserve the property or other property in the corridor, which had zoning in place permitting a variety of commercial and industrial uses.

Prior to pursuing his action in State Superior Court, the plaintiff had filed a regulatory takings complaint in United States District Court, which was dismissed by summary judgment on the basis that the claim was not ripe for adjudication.   The District Court’s summary judgment was affirmed by the U.S. Court of Appeals for the Third Circuit.

The State court action followed.  On appeal, the Appellate Division held that the trial judge was required to follow the dispositions of the federal courts, and affirmed the decision below.

A copy of the Appellate Division’s slip opinion is available here.

Related Articles

• Temporary “Takings” Judgment Remanded (njcondemnationlaw.com)