Cedar Cove, Inc., a Corporation of the State of New Jersey, Plaintiff-Appellant, and the State of New Jersey…

Summary

The Supreme Court of New Jersey held that Mathis Plaza was "held by" the Borough of South Toms River for recreational and conservation purposes at the time of its 1978 Green Acres grant because the land was actually used for such purposes with municipal authorization, and therefore the sale required State approval under N.J.S.A. 13:8A-47b. The Court reversed the Appellate Division and reinstated the Law Division's judgment. Justice Garibaldi dissented, arguing that the majority over‑reached legislative intent and that the property should not be subject to the restriction.