REZEM FAMILY ASSOCIATES, LP VS. THE BOROUGH OF MILLSTONE, ET AL. A-2290-09T2

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

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