I/M/O Petition for a Declaratory Ruling Regarding the City of Plainfield’s Park-Madison Site, App. Div.
The New Jersey Court of Appeals, denied the request by Citizens and Friends for Equitable Stewardship and the New Jersey Chapter of the Sierra Club for a stay of proposed development of a four-acre tract in Plainfield known as the Park-Madison site. The two organizations claimed that the Park-Madison site does not come within the exception against disposing of or diverting lands used for recreation and conservation purposes without Commissioner and State House Commission approval. Additionally, both groups argued that the citizens of Plainfield are entitled to a replacement of the site since the town received financial assistance from the State, which was used for recreational purposes at the site.
Exercising original jurisdiction, the panel holds that the site does indeed meet the exception carved out by amended N.J.S.A. 13:8A-47, was exempt from Green Acres, and therefore the residents of Plainfield are not entitled to a replacement parcel or compensation.