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JERSEY CITY v. DEPT. OF ENVIR. PROTECTION

227 N.J. Super. 5 (1988)

545 A.2d 774

JERSEY CITY, MARJORIE WESTLING AND JOHN N. TICHENOR, AND JERSEY CITY PLANNING BOARD PLAINTIFFS-APPELLANTS, v. STATE OF NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, THE LIBERTY STATE PARK DEVELOPMENT CORPORATION, WATERFRONT DEVELOPERS CORPORATION, AND LIBERTY STATE PARK PUBLIC ADVISORY COMMISSION, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided April 25, 1988.

Attorney(s) appearing for the Case

Frank L. Holstein argued the cause for appellants Jersey City, Marjorie Westling and John Tichenor.

Alan I. Smith argued the cause for appellant Jersey City Planning Board.

Mary Catherine Cuff argued the cause for respondent, Waterfront Developers Corporation (Waters, McPherson, McNeill, Fitzpatrick, attorneys; Mary Catherine Cuff and David A. McPherson, on the brief).

Adrian M. Foley argued the cause for respondent Liberty State Park Development Corporation (Connell, Foley & Geiser, attorneys; Christopher J. Paladino, on the brief).

Burton Weltman, Deputy Attorney General, argued the cause for respondents, Department of Environmental Protection and Liberty State Park Public Advisory Commission (W. Cary Edwards, Attorney General of New Jersey, attorney).

Before Judges KING, GRUCCIO and D'ANNUNZIO.

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

This case concerns a dispute over the method of developing a unique public resource, Liberty State Park in New York-New Jersey Harbor. We are here called upon to decide whether the actions of the Executive Branch, performed by the Governor and the responsible agency, the Department of Environmental Protection (DEP), were within the ambit of the authority given them by the Legislature. We conclude that the Executive...

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