Lomarch Corp. v. Mayor And Common Council Of City Of Englewood

51 N.J. 108, 237 A.2d 881 (1968)

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Nature of the Case

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Facts

Lomarch Corp. (P) owned land located in the City of Englewood (D). P submitted plans to D to subdivide its land for single-family houses. While the application was pending, D adopted an official city map pursuant to New Jersey's Official Map Act. The city map reserved the land at issue for a park. According to the statute, such a reservation of land had the effect of 'freezing' development of the land for one year, during which D would have the option of condemning the land or offering to purchase it. At around the same time that P's plan to develop the land was approved, it was also informed that the property had been reserved as parkland on D's official map. P sued, arguing that the denial of its right to develop its land for the one-year period without compensation amounted to an unconstitutional taking. D denied that the statute was unconstitutional, and argued that P was barred from suit because of its failure to avail itself of the statute's relief provisions. The provision referred to stated that, if a permit applicant was unable to yield a reasonable return on his land because of the restrictions on development arising from the map, the planning board was to grant a permit allowing development on the land in such a way as to cause only a minimal change to the map. P argues that this provision is inadequate to protect his interest in the land. The lower court found that the statute was unconstitutional.