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Monday, August 13, 2007

OFP, L.L.C. v. State of New Jersey

08-10-07 A-3190-05T1

The Highlands Act's administrative hardship waiver remedy
must be exhausted before a property owner can assert a claim
that the Act's restrictions upon development in the preservation
area of the Highlands Region have resulted in a regulatory
taking. The retroactive application of the Highlands Act to
major development projects that received all required regulatory
approvals under other statutes during the period between the
Act's introduction and enactment is valid.