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
