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MATTER OF EGG HARBOR ASSOCIATES (BAYSHORE CENTRE)

94 N.J. 358 (1983)

464 A.2d 1115

IN THE MATTER OF EGG HARBOR ASSOCIATES (BAYSHORE CENTRE); IMPOSITION OF CONDITIONS OF COASTAL AREA FACILITY PERMIT # CA 79-0231-5.

The Supreme Court of New Jersey.

Decided August 1, 1983.

Attorney(s) appearing for the Case

Robert N. McAllister argued the cause for appellant, Egg Harbor Associates (Valore, McAllister, Westmoreland, Gould, Vesper & Schwartz, attorneys; Lewis J. Smith, on the briefs).

John M. Van Dalen, Deputy Attorney General, argued the cause for respondent Department of Environmental Protection (Irwin I. Kimmelman, Attorney General of New Jersey, attorney; Deborah T. Poritz, Deputy Attorney General, of counsel).

Kenneth E. Meiser, Deputy Director, Division of Public Interest Advocacy, argued the cause for amicus curiae Department of the Public Advocate (Joseph H. Rodriguez, Public Advocate, attorney).

Stewart M. Hutt submitted briefs on behalf of amicus curiae New Jersey Builders Association (Hutt, Berkow, Hollander & Jankowski, attorneys; Stewart M. Hutt and Glenn C. Kienz, on the briefs).

The opinion of the Court was delivered by POLLOCK, J.

The principal issue in this case is whether the Division of Coastal Resources (Division) of the Department of Environmental Protection (DEP) may condition its approval of a proposed development within the coastal zone on the construction of a certain number of low and moderate income housing units. Here, the Division required a developer, Egg Harbor Associates (Associates...

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