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4 N.J.A.R. 458

Pinelands Commission; Mayer, Michael v
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Citation: 4 N.J.A.R. 458
Decision Date: 1980
Agency: PINELANDS COMMISSION
Synopsis: Petitioner sought to develop his property, which was purchased in 1947, in order to provide income for his impending retirement. The property is located within the Pinelands protection area. The administrative law judge assigned to the case concluded that the petitioner had established the existence of an extraordinary hard- ship as set forth in the Pinelands Protection Act. The judge determined that the petitioner's long-term direct working relationship with the property, his age and serious limitations upon his ability to continue farming the land supported a conclusion that a restriction upon his development would result in a unique and extraordinary hardship. In addition, the judge found that given this set of circumstances, the intention of the Legislature in imposing temporary restrictions requir- ing proof of extraordinary hardship would not be offended by grant- ing this exception. Accordingly, the judge ordered approval of petitioner's application. Gerald E. Haughey, Esq. for petitioner (Brandt, Haughey, Penberthy & Lewis, attorney) Mary C. Jacobson, Deputy Attorney General for respondent (John J. Degnan, Attorney General of New Jersey, attorney)