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HIGH HORIZONS DEV. v. DEPT. OF TRANSP.

120 N.J. 40 (1990)

575 A.2d 1360

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

The Supreme Court of New Jersey.

Decided July 2, 1990.

Attorney(s) appearing for the Case

Susan R. Roop, Deputy Attorney General, argued the cause for appellant (Robert J. Del Tufo, Attorney General of New Jersey, attorney, Michael R. Clancy, Assistant Attorney General, of counsel; Susan R. Roop and Jeffrey W. Gerber, Deputy Attorney General, on the brief).

John W. Wopat, III, argued the cause for respondent (Falvo and Wopat, attorneys).

The opinion of the Court was delivered by O'HERN, J.

The central issue in this appeal is a property owner's claim of right to a trial-type hearing on the property owner's application for a state-highway-access permit. Under prior law the Department of Transportation's (DOT's) enabling legislation, N.J.S.A. Title 27, spelled out no procedure for processing an access permit, and the regulations enacted under its authority gave but a sparse outline. N.J.A.C...

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