Gardner v. New Jersey Pinelands Commission

Pursuant to the New Jersey Pinelands Protection Act (the act), the New Jersey Pinelands Commission (NJPC) (defendant) was created to develop a comprehensive management plan (CMP) to preserve and protect the ecologically sensitive Pinelands National Reserve (the Pinelands). One of the CMP’s goals was to continue and expand agricultural and horticultural uses of the Pinelands. Hobart Gardner (plaintiff) owned a 217-acre sod-and-grain farm in the Pinelands. In 1987, Gardner explored the possibility of subdividing his farm into 14 to 17 10-acre farms under a section of the CMP that allowed one farm-related residential unit for every 10 acres of land. Before Gardner submitted an application for his proposed development, however, the NJPC revised the CMP and eliminated the 10-acre farm option after finding that the option was causing the decline or cessation of agricultural operations in the Pinelands. The revised CMP provided only three options for residential development of farmland, allowing (1) the construction of homes on 3.2-acre lots by certain Pinelands residents, (2) the construction of a home on a 10-acre lot for a farm operator or employee once every five years, or (3) the construction of one home per 40 acres of land, as long as 39 acres of the land were permanently deeded for agricultural use. Gardner brought an inverse-condemnation action against the NJPC claiming that the land-use restrictions constituted an unlawful taking, among other things. The trial court granted the NJPC’s motion for summary judgment on Gardner’s inverse-condemnation claim, and the appellate court affirmed. Gardner appealed to the New Jersey Supreme Court.