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PARKWAY MALL ASSOCS. v. WATER POLICY & SUPPLY COUNCIL

157 N.J. Super. 169 (1978)

384 A.2d 857

PARKWAY MALL ASSOCIATES, A NEW JERSEY PARTNERSHIP, PLAINTIFF-APPELLANT, v. WATER POLICY AND SUPPLY COUNCIL OF THE DIVISION OF WATER RESOURCES OF THE DEPARTMENT OF ENVIRONMENTAL PROTECTION, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided February 23, 1978.

Attorney(s) appearing for the Case

Mr. Robert Paschon argued the cause for appellant (Messrs. Paschon and Feurey, attorneys; Mr. Stephen B. Kotzas on the brief).

Mr. Steven Gray, Deputy Attorney General, argued the cause for respondent (Mr. John Degnan, Attorney General of New Jersey; Mr. William F. Hyland, former Attorney General of New Jersey; Ms. Erminie L. Conley, Deputy Attorney General, of counsel, and Mr. Stuart R. Meislik, Deputy Attorney General, on the brief).

Before Judges HALPERN, LARNER and KING.

PER CURIAM.

In May 1973 appellant Parkway Mall Associates (PMA) filed a stream encroachment permit application with respondent Water Policy and Supply Council of the Division of Water Resources of the Department of Environmental Protection (Council) pursuant to N.J.S.A. 58:1-26. PMA planned to construct a large shopping mall and parking area adjacent to the Toms River in Dover Township. Landfill placement on the project will partially obstruct the river's flow...

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