By: Thomas F. Carroll, III, Esq.

On August 29, 2013, the Appellate Division reversed a trial court decision in Griepenburg v. Ocean Township and invalidated 20-acre zoning, ruling that no environmental features justified the downzoning. The court so ruled despite the fact that the land was within PA 5. The court also said that “preserving open space” was not a valid reason since the town has to pay fair market value to property owners if it wants such open space.