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IN RE CAFRA PERMIT NO. 87-0959-5

290 N.J. Super. 498 (1996)

676 A.2d 161

IN RE CAFRA PERMIT NO. 87-0959-5 ISSUED TO GATEWAY ASSOCIATES.

Superior Court of New Jersey, Appellate Division.

Reargued April 16, 1996.

Decided May 21, 1996.

Attorney(s) appearing for the Case

Gordon N. Litwin argued the cause for appellants American Littoral Society, D.W. Bennett, and Richard Crema (Ansell, Zaro, Bennett & Grimm, attorneys; Mr. Litwin, of counsel; Susan M. Kennedy, on the brief).

Rachel Horowitz, Deputy Attorney General, argued the cause for respondent Department of Environmental Protection (Deborah T. Poritz, Attorney General, attorney; Mary C. Jacobson, Assistant Attorney General, of counsel; Ms. Horowitz, on the brief).

Jack Plackter argued the cause for respondent Gateway Associates (Horn, Goldberg, Gorny, Daniels, Plackter & Weiss, attorneys; Mr. Plackter, of counsel and on the joint brief; Sally E. Heckeroth, on the joint brief).

Alfred R. Scerni, Jr. argued the cause for intervenor City of Pleasantville (Mr. Scerni, on the joint brief).

Before Judges BAIME, VILLANUEVA and KIMMELMAN.

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

Appellants, the American Littoral Society and its members, D.W. Bennett and Richard Crema individually, appeal the decision of the Commissioner of the Department of Environmental Protection (DEP) granting Gateway Associates' (Gateway) application for a major modification of its permit issued under the Coastal Area Facility Review Act (CAFRA) (N.J.S.A. 13:19-1 to -21). In granting the original permit, the...

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