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AMERICAN DREDGING COMPANY v. STATE, DEPT. OF ENVIRONMENTAL PROTECTION

169 N.J. Super. 18 (1979)

404 A.2d 42

AMERICAN DREDGING COMPANY, A CORPORATION, PLAINTIFF-APPELLANT, v. STATE OF NEW JERSEY, DEPARTMENT OF ENVIRONMENTAL PROTECTION; RICHARD J. SULLIVAN; THOMAS O'NEILL; AND GEORGE F. KUGLER, JR., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 12, 1979.

Attorney(s) appearing for the Case

Mr. Lawrence M. Vecchio argued the cause for appellant (Messrs. Richman, Berry, Ferran & Tyler, attorneys).

Ms. Deborah T. Poritz, Deputy Attorney General, argued the cause for respondents (Mr. John J. Degnan, Attorney General, attorney; Ms. Erminie Conley, Assistant Attorney General, of counsel).

Mr. Stanley C. Van Ness, Public Advocate, filed a brief for amicus curiae Department of the Public Advocate (Mr. Carl S. Bisgaier, Director, Division of Public Interest Advocacy, of counsel; Keith A. Onsdorff, Assistant Deputy Public Advocate, on the brief).

Before Judges ALLCORN, SEIDMAN and BOTTER.

PER CURIAM.

Plaintiff appeals from a judgment upholding the validity of action of the Department of Environmental Protection (DEP) designating part of plaintiff's property as wetlands pursuant to N.J.S.A. 13:9A-1 et seq. and preventing plaintiff from filling the property with dredge spoils. The DEP Commissioner granted a Type "B" Wetlands Permit as to part of the designated area, leaving approximately...

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