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IN RE DEPT. OF ENVIRONMENTAL PROTECTION

139 N.J. Super. 514 (1976)

354 A.2d 652

IN THE MATTER OF THE DEPARTMENT OF ENVIRONMENTAL PROTECTION DECISION ON THE APPLICATION OF TRIARCH CORPORATION (A N.J. CORP.) FOR A TYPE B WETLANDS PERMIT.

Superior Court of New Jersey, Appellate Division.

Decided February 20, 1976.

Attorney(s) appearing for the Case

Messrs. McDonough, Murray & Korn, Esqs., attorneys for appellants Ocean County Chapter, Inc., Izaak Walton League of America (Mr. Joseph E. Murray on the brief).

Mr. William F. Hyland, Attorney General, attorney for respondent Department of Environmental Protection (Mr. John M. Van Dalen and Mr. Morton Goldfein, Deputy Attorneys General, of counsel and on the brief).

Messrs. Johnstone & O'Dwyer, attorneys for respondent Triarch Corporation (Mr. Jeremiah D. O'Dwyer on the brief).

Before Judges CARTON, CRAHAY and HANDLER.

PER CURIAM.

We disagree with the primary contention of appellants that the Department of Environmental Protection was wrong in not classifying the proceedings as a "contested case" under the Administrative Procedure Act, N.J.S.A. 52:14B-10, and for that reason denied these objectors the right to cross-examine witnesses.

Under the Administrative Procedure Act a contested case is defined specifically as a proceeding which, by "constitutional right or...

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