04-15-11
The primary issue on appeal is whether a plaintiff must
exhaust administrative and judicial remedies, and obtain a final
ruling on its land use claims, before it can pursue a cause of
action for alleged violation of its substantive due process
rights. We hold that a substantive due process claim in a land
use dispute requires both governmental misconduct that "shocks
the conscience" and exhaustion of remedies available under our
land use law.
REZEM FAMILY ASSOCIATES, LP VS. THE BOROUGH OF MILLSTONE, ET AL.
A-2290-09T2
The primary issue on appeal is whether a plaintiff must exhaust administrative and judicial remedies, and obtain a final ruling on its land use claims, before it can pursue a cause of action for alleged violation of its substantive due process rights. We hold that a substantive due process claim in a land use dispute requires both governmental misconduct that "shocks the conscience" and exhaustion of remedies available under our land use law. 4-15-11
REZEM FAMILY ASSOCIATES, LP VS. THE BOROUGH OF
MILLSTONE, ET AL.
A-2290-09T2
The primary issue on appeal is whether a plaintiff must
exhaust administrative and judicial remedies, and obtain a final
ruling on its land use claims, before it can pursue a cause of
action for alleged violation of its substantive due process
rights. We hold that a substantive due process claim in a land
use dispute requires both governmental misconduct that "shocks
the conscience" and exhaustion of remedies available under our
land use law. 04-15-11