DEPARTMENT OF ENVIRON. PROT. v. ALLOWAY TP.

Docket No. A-3835-12T3

105 A.3d 1145 (2015)

438 N.J. Super. 501

NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, Plaintiff-Respondent, v. ALLOWAY TOWNSHIP and County Of Salem, Defendants-Respondents/Cross-Appellants, and WILLIAM R. COBB, Defendant-Appellant/Cross-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided January 2, 2015.


Attorney(s) appearing for the Case

Holston, MacDonald, Uzdavinis, Ziegler & Lodge, attorneys for appellant/cross-respondent William R. Cobb ( William F. Ziegler , Woodbury, on the brief).

John G. Hoffman , Woodstown, attorney for respondent/cross-appellant Alloway Township.

Michael M. Mulligan , Salem County Counsel, Carneys Point, attorney for respondent/cross-appellant County of Salem.

John J. Hoffman , Acting Attorney General, attorney for respondent State of New Jersey Department of Environmental Protection ( Lewis A. Scheindlin , Assistant Attorney General, of counsel; Daniel A. Greenhouse , Deputy Attorney General, on the brief).

Before Judges MESSANO, OSTRER and HAYDEN.


The opinion of the court was delivered by

In this appeal we are called upon to construe provisions of the Safe Dam Act (the "SDA"), N.J.S.A. 58:4-1 to -14, a statute enacted upon the Legislature's specific finding "that the condition of many dams, lakes, and streams throughout the State has been deteriorating at...

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