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CREMA v. ENVIRONMENTAL PROTECTION DEP'T

182 N.J. Super. 445 (1982)

442 A.2d 630

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, THE COASTAL AREA REVIEW BOARD AND THE HISTORIC SMITHVILLE DEVELOPMENT COMPANY, RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided January 20, 1982.

Attorney(s) appearing for the Case

Nathan M. Edelstein argued the cause for appellants (Fink, Lynette & Ford, attorneys; Nathan M. Edelstein on the brief).

John M. Van Dalen, Deputy Attorney General, argued the cause for respondents New Jersey Department of Environmental Protection and The Coastal Area Review Board (James R. Zazzali, Attorney General of New Jersey, attorney; John M. Van Dalen of counsel and on the brief).

James L. Cooper argued the cause for respondent The Historic Smithville Development Company (Cooper, Perskie, Katzman, April, Niedelman & Wagenheim, attorneys; James L. Cooper of counsel; Lewis S. Kurland on the brief).

Before Judges BOTTER, ANTELL and FURMAN.

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

Plaintiffs are commercial shell fishermen and nonprofit corporations respectively concerned with protecting the interests of the commercial shell fishing industry and preservation of the environment. They appeal from a determination of the Division of Coastal Resources (DCR) within the Department of Environmental Protection (DEP) conditionally granting approval for a construction permit under the Coastal Area...

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