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LONG BEACH TP. v. DEP.

245 N.J. Super. 143 (1990)

584 A.2d 820

LONG BEACH TOWNSHIP OCEANFRONT PROPERTY OWNERS ASSOCIATION, APPELLANT, v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, JUDITH A. YASKIN, COMMISSIONER, AND JAMES J. FLORIO, GOVERNOR, RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided December 26, 1990.

Attorney(s) appearing for the Case

Richard M. Hluchan argued the cause for appellant (Levin & Hluchan, attorneys; Richard M. Hluchan and Glenn A. Harris, on the brief).

Kathe Mullally, Deputy Attorney General, argued the cause for respondents (Robert J. Del Tufo, Attorney General, attorney; Mary C. Jacobson and John M. Van Dalen, Deputy Attorneys General, of counsel; Kathe Mullally, on the brief).

Before Judges GAULKIN, SHEBELL and SKILLMAN.

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

This appeal is a sequel to Last Chance Dev. Partnership v. Kean, 119 N.J. 425, 575 A.2d 427 (1990) (hereinafter Last Chance). In Last Chance the Supreme Court invalidated rules of the Department of Environmental Protection (DEP), N.J.A.C. 7:7-2.3(a)2, adopted pursuant to the Waterfront Development Act (the Act), ...

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