Howard Davis P.C.

Case Studies

Residential Wetlands Case Study

In a residential wetlands case, we filed a petition for certiorari at the United States Supreme Court, asserting that when the New Jersey Department of Environmental Protection made an unannounced search of the wetlands in our client’s backyard, without a warrant and over his objection, it constituted an unconstitutional search and seizure. We obtained an unusual Statement by United States Supreme Court Justice Samuel Alito, joined by three other Justices, confirming the legal validity of our position. See Huber v. New Jersey Dep’t of Env’l Prot., 562 U.S. ---- (2011). 

Although the New Jersey Supreme Court previously had refused to review the case, Justice Alito’s Statement provided a forceful basis for our subsequent motion for permission to submit a motion for reconsideration to the Supreme Court of New Jersey. That motion and our petition for certification were granted on June 16, 2011. See A-116-10 (June 16, 2011).

The case, which arises out of simple and relatively humble facts, presents complicated questions of common law and State and Federal constitutional issues, which now will be determined by the Supreme Court of New Jersey.