Dock Street Seafood Inc. v. City of Wildwood, A-4411-10T4; Appellate Division; opinion by Axelrad, P.J.A.D.; decided and approved for publication May 18, 2012. Before Judges Axelrad, Sapp-Peterson and Ostrer. On appeal from the Law Division, Atlantic County, L-17056-06. [Sat below: Judge Winkelstein, J.A.D., retired and temporarily assigned on recall.] DDS No. 26-2-6332 [8 pp.]
In this inverse-condemnation action involving a property in a redevelopment zone, plaintiff appeals from the judgment in favor of defendant and the dismissal of its complaint based on the trial judge’s determination that its failure to file a redevelopment application for its property precluded its inverse-condemnation claims and that purported comments by 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 the redeveloper’s offer to purchase 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.
