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Wednesday, June 27, 2012

DOCK STREET SEAFOOD, INC., ET AL. VS. CITY OF WILDWOOD, ET AL. A-4411-10T4


DOCK STREET SEAFOOD, INC., ET AL. VS. CITY OF WILDWOOD, ET AL.  A-4411-10T4

In this inverse condemnation action involving a property in a redevelopment zone, plaintiff appeals from a judgment in favor of defendant following a bench trial.  Judge Michael Winkelstein found plaintiff's failure to file a redevelopment application
for its property precluded its inverse condemnation claims and purported comments by individual municipal officials that no building permits would be issued to the property owners did not excuse plaintiff's obligation to exhaust administrative remedies; plaintiff's continued use of the property for the same purpose as when purchased and its rejection of an offer to purchase by the redeveloper belied its claim of destruction of all beneficial use; and defendant's inability to redevelop the area despite diligent attempts did not significantly interfere with plaintiff's property rights.  We affirm substantially for
the reasons set forth by Judge Winkelstein in his comprehensive written opinion and supplemental letter opinion, which we now publish. 05-18-12