New Jersey v. Seaman

No. C-630-71 (N.J. Super. Ct. April 6, 1972)

Defendants are permanently enjoined from developing tidelands contiguous to their property, and are ordered to purchase the right otherwise to use these lands from the state. They are also ordered to pay damages equal to a rental of the state property they have been using, to restore the natural high water line at those points where it has been obliterated by their development and to pay punitive damages for their willful disregard to state law for the protection of the coastlands.

Counsel for Plaintiff
Malcolm S. Zlotkin Deputy Attorney General
State House Annex
Trenton, New Jersey 08625

Counsel for Defendants
James G. Henry
Brick Town, New Jersey

[2 ELR 20273]

Wiley, J.

JUDGMENT

This matter having been tried before the court sitting without a jury on March 20, 21 and 22, 1972, Malcolm S. Zlotkin, Deputy Attorney General appearing for George F. Kugler, Jr., Attorney General of New Jersey, attorney for plaintiff and James G. Henry, Esq., appearing for defendants, and the court having heard the evidence and considered the argument of counsel for the respective parties, and the court having found and concluded that defendants have violated the riparian laws of the State of New Jersey, to wit: N.J.S.A. 12:3-8 and N.J.S.A. 12:5-6; and being of the opinion that judgment should be entered in favor of the plaintiff, State of New Jersey, by and through the Department of Environmental Protection, for the relief demanded in the complaint and for other good cause shown;

IT IS on this 6th day of April 1972, ORDERED, ADJUDGED AND DECREED as follows:

1. That defendants be and are hereby permanently enjoined and restrained from conducting or permitting the conduct of any development which would affect or tend to affect lands now or formerly flowed by the tide which lands constitute tidelands owned by the State of New Jersey;

2. That judgment be and is hereby entered in favor of the plaintiff and against the defendant W. Elmer Seaman, Jr. in the sum of $2400, said sum representing damages for illegally using and occupying State tidelands for purposes of creating "Seaman Shores Lagoon" from 1959 to 1972, a period of twelve years, plus costs of suit to be taxed;

3. That defendant W. Elmer Seaman, Jr. forthwith take steps to reactivate riparian application No. 9681 before the Natural Resource Council for purposes of obtaining a riparian grant at current prices for "Seaman Shores Lagoon" and that if the issuance of such a grant is approved by the appropriate State officials, that defendant W. Elmer Seaman, Jr. accept and pay for same without undue delay;

4. That defendants within 30 days of the entry of the judgment herein prepare and submit to the Natural Resource Council an application for a grant of riparian rights for the lagoon known as "Double Creek Lagoon" and that if the issuance of such a grant is approved by the appropriate State officials that defendants accept and pay for same without undue delay;

5. That defendants restore the natural high water line of Double Creek at and along the points where it was obliterated for the purpose of creating "Double Creek Lagoon" by placing at least a ten foot wide strip of suitable fill along such line as so to reclude entry of tidewater into the interior portion of the lagoon;

6. That in the event that defendants do not obtain approval and pay for a riparian grant for "Double Creek Lagoon" within 3 months of the date of this judgment, defendants shall forthwith restore the entire "Double Creek Lagoon" to its natural condition and elevation, said condition being as the premises existed immediately prior to the commencement of excavation and dredging to create the lagoon. In the further event that defendants fail to comply with provisions No. 5 and No. 6 as set forth in this judgment, the State or its duly appointed agents may take whatever steps necessary to restore the premises as aforesaid including but not necessarily limited to placing fill in the lagoon; provided however, that in the event it becomes necessary for State officials to undertake the above-described restoration, the cost of such restoration shall become and constitute a lien upon defendants' land;

7. That defendants pay to the State of New Jersey, through the Department of Environmental Protection, the sum of $500, said sum representing punitive damages.

8. Jurisdiction of this action and of the parties hereto is retained in order that the plaintiff might apply on notice for further directions or relief.