NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3518-19 DANIEL GREENHOUSE, Plaintiff-Appellant, v. TOWNSHIP OF MONTGOMERY, Defendant-Respondent. _____________________________ Argued June 30, 2021 – Decided September 9, 2022 Before Judges Accurso and DeAlmeida. On appeal from the Superior Court of New Jersey, Law Division, Somerset County, Docket No. L-0424-19. Bruce I. Afran argued the cause for appellant. Anthony R. Todaro argued the cause for respondent (Mason, Griffin & Pierson, PC, attorneys; Anthony R. Todaro, on the brief). The opinion of the court was delivered by DeALMEIDA, J.A.D. Plaintiff Daniel Greenhouse appeals from the March 31, 2020 order of the Law Division dismissing his complaint in lieu of prerogative writs challenging a resolution by the governing body of defendant Township of Montgomery approving the renewal of a lease of property the township purchased with State Green Acres funds to a private party for operation of his commercial farming enterprise. We vacate the March 31, 2020 order and remand for further proceedings. I. Greenhouse owns a parcel in the township on which he resides. His land abuts adjoining parcels designated in the tax records of the municipality as Block 29001, Lots 5 and 5.01 (the property). The property is 17.87 undeveloped acres with eight tillable acres on Lot 5. While there is a driveway, parking area, and access to a public trail network on Lot 5.01, it is undisputed that there are no delineated public access points, signs, or trails on Lot 5. The township purchased the property, along with a number of other parcels, with State Green Acres funds in 1997. The purchase is subject to the March 17, 1997 Green Trust Project Agreement between the State, by the Department of Environmental Protection (DEP), and the township. The agreement provides that in exchange for State funding to finance the purchase, A-3518-19 2 the township will hold and use the property in accordance with N.J.A.C. 7:36 - 1, et seq., and the provisions of the agreement. The regulations noted in the agreement were promulgated by DEP to, among other things, "implement the purposes and objectives of the Green Acres laws in order to help ensure that there is access to and an adequate supply of lands for either public outdoor recreation or conservation of natural resources, or both." N.J.A.C. 7:36-1.1 (a)(1).1 According to the agreement, the property shall not be . . . diverted to a use for other than recreation and conservation purposes without the approval of the [DEP] Commissioner and the State House Commission and following a public hearing at least one month prior to any such approvals. The agreement defines "recreation and conservation purposes" as use of lands for parks, natural areas, historic areas, forests, camping, fishing, water …
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