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IN RE PARK-MADISON SITE

859 A.2d 1232 (2004)

372 N.J. Super. 544

In the Matter of a Petition for a Declaratory Ruling Regarding the CITY OF PLAINFIELD'S PARK-MADISON SITE.

Superior Court of New Jersey, Appellate Division.

Decided October 15, 2004.

Attorney(s) appearing for the Case

Thomas A. Borden, Newark, argued the cause for appellants Citizens and Friends for Equitable Stewardship and New Jersey Chapter-Sierra Club (Rutgers Environmental Law Clinic, attorneys; Mr. Borden, on the brief).

Rachel Horowitz, Deputy Attorney General, argued the cause for respondent New Jersey Department of Environmental Protection (Peter C. Harvey, Attorney General, attorney; Patrick DeAlmeida, Deputy Attorney General, of counsel; Ms. Horowitz, on the brief).

Jeffrey J. Miller, Teaneck, argued the cause for respondent Union County Improvement Authority (DeCotiis, Fitzpatrick, Cole & Wisler, attorneys; Mr. Miller, on the brief).

Joseph J. Maraziti, Jr., Short Hills, argued the cause for respondent City of Plainfield (Maraziti, Falcon & Healey, attorneys; Brent T. Carney, on the brief).

Before Judges PETRELLA, LINTNER and YANNOTTI.

The opinion of the court was delivered by

LINTNER, J.A.D.

Citizens and Friends for Equitable Stewardship, a Plainfield citizens' group, and the Sierra Club-New Jersey Chapter (CAFES-SCNJ) appeal from a June 17, 2003, decision of the Commissioner of the Department of Environmental Protection (DEP) declining to hear CAFES-SCNJ's petition for a declaratory judgment and request for a stay of proposed development of a four-acre tract in Plainfield known as the...

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