CREMA v. ENVIRONMENTAL PROTECTION DEP'T


192 N.J. Super. 505 (1984)

471 A.2d 422

RICHARD CREMA, DONALD MAXWELL; THE SOUTH JERSEY SHELLFISHERMAN'S ASSOCIATION; THE AMERICAN LITTORAL SOCIETY; AND THE SIERRA CLUB, NEW JERSEY CHAPTER, APPELLANTS, v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION AND THE HISTORIC SMITHVILLE DEVELOPMENT COMPANY, RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided January 3, 1984.


Attorney(s) appearing for the Case

Nathan M. Edelstein argued the cause for appellants (Brener, Wallack & Hill, attorneys; Nathan M. Edelstein of counsel and on the brief).

Michael J. Gross argued the cause for respondent Historic Smithville Development Company (Giordano, Halleran & Crahay, attorneys; Michael J. Gross of counsel and on the brief).

John M. VanDalen, Deputy Attorney General, argued the cause for respondent New Jersey Department of Environmental Protection (Irwin I. Kimmelman, Attorney General of New Jersey, attorney; Deborah T. Poritz, Deputy Attorney General, of counsel; John M. VanDalen on the brief).

Before Judges MATTHEWS, MICHELS and KING.


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

This appeal is a companion case to Crema v. Environmental Protection Dep't., 94 N.J. 286 (1983) (Crema I). Appellants are individuals and groups who oppose the plan of the Historic Smithville Development Company (HSDC) to develop a 2,375-acre residential and recreational community in an environmentally sensitive area near Atlantic City, New Jersey.

HSDC proposed...

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