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NJ DEPT. OF ENVIR. PROT. v. HUBER

A-116 September Term 2010, 065540

63 A.3d 197 (2013)

213 N.J. 338

NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, Plaintiff-Respondent, v. Robert and Michelle HUBER, Defendants-Appellants.

Supreme Court of New Jersey.

Decided April 4, 2013.

Attorney(s) appearing for the Case

Howard P. Davis, Englewood Cliffs, argued the cause for appellants (Mr. Davis, attorney; Mr. Davis, Anne M. Ronan, Deborah J. Ritter, Princeton, Joanne C. Kalas, and Eric M. Grille, on the briefs).

Gary W. Wolf, II, Deputy Attorney General, argued the cause for respondent (Jeffrey S. Chiesa, Attorney General of New Jersey, attorney; Melissa H. Raksa, Assistant Attorney General, of counsel; Mr. Wolf and Ms. Raksa, on the briefs).

Justice LaVECCHIA delivered the opinion of the Court.

The New Jersey Legislature passed the Freshwater Wetlands Protection Act (FWPA or the Act) in 1987 as a means of protecting and regulating New Jersey's sensitive freshwater wetlands. N.J.S.A. 13:9B-1 to -30; In re Freshwater Wetlands Prot. Act Rules, 180 N.J. 478, 482, 852 A.2d 1083 (2004). The Legislature pronounced it to be of public...

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