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HIGH HORIZONS DEV. v. N.J. D.O.T.

231 N.J. Super. 399 (1989)

555 A.2d 740

HIGH HORIZONS DEVELOPMENT COMPANY, APPELLANT, v. NEW JERSEY DEPARTMENT OF TRANSPORTATION, RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided March 23, 1989.

Attorney(s) appearing for the Case

John W. Wopat, III, argued the cause for appellant (Falvo and Wopat, attorneys; John W. Wopat, of counsel and on the brief).

Jeffrey W. Gerber, Deputy Attorney General, argued the cause for respondent (Peter N. Perretti, Jr., Attorney General, attorney; Michael R. Clancy, Deputy Attorney General, of counsel and Jeffrey W. Gerber, on the brief).

Before Judges BRODY, ASHBEY and SKILLMAN.

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

The primary issue presented by this appeal is whether the denial by the staff of the Department of Transportation (DOT) of an application for a state highway access permit presents a "contested case" under N.J.S.A. 52:14B-2(b) which entitles the applicant to an evidentiary hearing before the Office of Administrative Law.

On April 27, 1987, appellant High Horizons Development Company filed an...

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