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IN RE RIVERVIEW DEVELOPMENT, LLC

A-1843-08T3

986 A.2d 714 (2010)

411 N.J. Super. 409

In the Matter of RIVERVIEW DEVELOPMENT, LLC, Waterfront Development Permit No. 0908-05-0004.3 WFD 060001.

Superior Court of New Jersey, Appellate Division.

Decided January 27, 2010.

Attorney(s) appearing for the Case

Ira E. Weiner, Montvale, argued the cause for appellant Bergen Ridge Homeowners Association, Inc. (Beattie Padovano, LLC, attorneys; John J. Lamb and Mr. Weiner, on the brief).

Scott E. Rekant, Trenton, argued the cause for respondent Riverview Development, LLC (Sokol, Behot & Fiorenzo, attorneys, Hackensack; Mr. Rekant, on the brief).

Rachel J. Horowitz, Deputy Attorney General, argued the cause for respondent New Jersey Department of Environmental Protection (Anne Milgram, Attorney General, attorney; Lisa Daglis, Deputy Attorney General, on the statement in lieu of brief).

Before Judges STERN, SABATINO and NEWMAN.

The opinion of the court was delivered by

SABATINO, J.A.D.

We are asked in this appeal to consider whether townhouse residents, whose views of the Hudson River and the New York City skyline will be fully or partially blocked by a proposed high-rise development, have the right to a trial-type hearing in the Office of Administrative Law ("OAL") to contest the high-rise developer's application to the Department of Environmental Protection ("DEP") for a waterfront...

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