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CREMA v. NEW JERSEY DEPT. OF ENVIRONMENTAL PROTECTION

94 N.J. 286 (1983)

463 A.2d 910

RICHARD CREMA, DONALD MAXWELL, THE SOUTH JERSEY SHELLFISHERMAN'S ASSOCIATION, THE AMERICAN LITTORAL SOCIETY, AND THE SIERRA CLUB, NEW JERSEY CHAPTER, RESPONDENTS, v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, AND THE COASTAL AREA REVIEW BOARD, APPELLANTS, AND THE HISTORIC SMITHVILLE DEVELOPMENT COMPANY, A NEW JERSEY GENERAL PARTNERSHIP, INTERVENOR-APPELLANT.

The Supreme Court of New Jersey.

Decided August 1, 1983.

Attorney(s) appearing for the Case

John M. Van Dalen, Deputy Attorney General, argued the cause for appellants (Irwin I. Kimmelman, Attorney General of New Jersey, attorney; James J. Ciancia, Assistant Attorney General, of counsel).

Michael J. Gross argued the cause for intervenor-appellant (Giordano, Halleran & Crahay, attorneys; James L. Cooper, of counsel; Lewis S. Kurland, on the brief).

Nathan M. Edelstein argued the cause for respondents (Brener, Wallack & Hill, attorneys).

The opinion of the Court was delivered by HANDLER, J.

Historic Smithville Development Corporation (HSDC) sought to construct a large scale residential and commercial development in an environmentally sensitive area governed by the Coastal Area Facility Review Act, N.J.S.A. 13:19-1 to -21 (CAFRA). It applied to the New Jersey State Department of Environmental Protection (Department or DEP) for a permit authorizing the development. DEP ultimately granted a permit...

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