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TOMS RIVER AFFILIATES v. DEPT., ENVIRON. PROTEC.

140 N.J. Super. 135 (1976)

355 A.2d 679

TOMS RIVER AFFILIATES AND LEHIGH CONSTRUCTION COMPANY, A NEW JERSEY CORPORATION, APPELLANTS, v. DEPARTMENT OF ENVIRONMENTAL PROTECTION; COMMISSIONER OF ENVIRONMENTAL PROTECTION AND COASTAL AREA REVIEW BOARD, RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided February 19, 1976.

Attorney(s) appearing for the Case

Mr. Herbert A. Chary argued the cause for the appellants (Messrs. Chary and Porcoro, attorneys).

Mrs. Ermine L. Conley, Deputy Attorney General, argued the cause for the respondents (Mr. William F. Hyland, Attorney General, attorney; Mr. Stephen Skillman, Assistant Attorney General, of counsel).

Mr. Robert P. Corman, Assistant Deputy Public Advocate, argued the cause for the intervenor — the Public Advocate (Mr. Stanley C. Van Ness, Public Advocate, attorney).

Before Judges LYNCH, LARNER and HORN.

The opinion of the court was delivered by LARNER, J.A.D.

This appeal is focused upon the constitutional validity of the Coastal Area Facility Review Act (CAFRA) adopted in 1973 and the propriety of the denial of a permit thereunder by the State Commissioner of Environmental Protection (Commissioner). N.J.S.A. 13:19-1 et seq.

A brief summary of the provisions of the act is in order in view of the...

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