Pheasant Bridge Corporation v. Township of Warren

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Argued January 17, 2001

On certification to the Superior Court, Appellate Division.

The core issue in this appeal is whether a zoning ordinance increasing the minimum lot size for permitted residential development of an extensive tract of land along the northern perimeter of Warren Township (“Township”) is valid as applied to plaintiff’s property. Secondarily, the appeal presents the question whether a taking of plaintiff’s property has occurred irrespective of whether the ordinance is valid as applied. The trial court concluded that the zoning ordinance was arbitrary, capricious, and unreasonable as applied, and that a taking of property without compensation had occurred. The Appellate Division reversed on both issues. We granted certification, 165 N.J. 489 (2000), and now reinstate the trial court’s determination invalidating the zoning ordinance because it is arbitrary, capricious, and unreasonable as applied to plaintiff’s property. We hold further that plaintiff has no cognizable claim that it experienced a temporary taking during the period in which it successfully challenged the ordinance.

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