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ATLANTIC CITY SHOWBOAT v. DCA

751 A.2d 111 (2000)

331 N.J. Super. 40

ATLANTIC CITY SHOWBOAT, INC., Petitioner-Appellant, v. The DEPARTMENT OF COMMUNITY AFFAIRS OF the STATE of New Jersey, Respondent-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided May 15, 2000.

Attorney(s) appearing for the Case

Gerard W. Quinn, Atlantic City, for petitioner-appellant (Cooper Perskie April Niedelman Wagenheim & Levenson, attorneys; Mr. Quinn, on the brief).

Allan J. Nodes, Deputy Attorney General, for respondent-respondent (John J. Farmer, Jr., Attorney General of New Jersey, attorney; Mark J. Fleming, Assistant Attorney General, of counsel; Mr. Nodes, on the brief).

Before Judges KING, CARCHMAN and LINTNER.

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

I

This appeal presents a situation where the gaming and public safety concerns of casino design and construction may conflict. Appellant Atlantic City Showboat, Inc. (Showboat) contends that the regulatory authority of the Casino Control Commission (CCC) should prevail over the authority of the Department of Community Affairs (DCA) with respect to certain recently adopted DCA design and construction...

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