LOVELADIES PROP. OWNERS ASS'N, INC. v. RAAB


137 N.J. Super. 179 (1975)

348 A.2d 540

LOVELADIES PROPERTY OWNERS ASS'N., INC., A CORPORATION OF THE STATE OF NEW JERSEY, JOINT COUNCIL OF TAXPAYERS ASSOCIATIONS OF SOUTHERN OCEAN COUNTY, INC., A CORPORATION OF THE STATE OF NEW JERSEY AND LONG BEACH ISLAND CONSERVATION SOCIETY, A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFFS-APPELLANTS, v. MAX RAAB AND DAVID BARDIN, COMMISSIONER OF ENVIRONMENTAL PROTECTION, STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided November 10, 1975.


Attorney(s) appearing for the Case

Mr. Stephen B. Patrick argued the cause for appellants.

Mr. Garry J. Roettger argued the cause for respondent Max Raab (Hiering, Grasso, Gelzer & Kelaher, attorneys).

Mr. Arnold Lakind, Deputy Attorney General argued the cause for respondent Commissioner of Environmental Protection (Mr. William F. Hyland, Attorney General of New Jersey, attorney; Mr. Stephen Skillman, Assistant Attorney General, of counsel).

Before Judges CARTON, CRAHAY and HANDLER.


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

Plaintiffs Loveladies Property Owners Ass'n, Inc., the Joint Council of Taxpayers Associations of Southern Ocean County, Inc. and the Long Beach Island Conservation Society brought this action seeking a declaration that certain lands owned by defendant Max Raab in Long Beach Township were wetlands under the Wetlands Act of 1970, N.J.S.A. 13:9A-1 et seq., and an injunction restraining Raab from...

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