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BOR. OF KENILWORTH v. DEPT. OF TRANSPORTATION

151 N.J. Super. 322 (1977)

376 A.2d 1266

BOROUGH OF KENILWORTH, A MUNICIPAL CORPORATION OF UNION COUNTY, NEW JERSEY, PLAINTIFF-RESPONDENT, v. DEPARTMENT OF TRANSPORTATION, STATE OF NEW JERSEY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided July 7, 1977.

Attorney(s) appearing for the Case

Mr. Richard L. Rudin, Deputy Attorney General, argued the cause for appellant (Mr. William F. Hyland, Attorney General of New Jersey, attorney).

Mr. Aldan O. Markson argued the cause for respondent.

Before Judges LORA, CRANE and MICHELS.

PER CURIAM.

Plaintiff Borough of Kenilworth instituted this action against defendant New Jersey Department of Transportation pursuant to the Environmental Rights Act, N.J.S.A. 2A:35A-1 et seq., seeking temporary and permanent injunctive relief against the widening of the Garden State Parkway. Kenilworth principally alleged that the Department of Transportation had failed to obtain a stream encroachment permit from the Department of Environmental Protection...

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