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STATE, DEPT. OF ENVIRONMENTAL PROTEC. v. STAVOLA

206 N.J. Super. 213 (1985)

502 A.2d 63

STATE OF NEW JERSEY, DEPARTMENT OF ENVIRONMENTAL PROTECTION, PLAINTIFF-APPELLANT, v. M.J. STAVOLA T/A DRIFTWOOD CABANA CLUB, DEFENDANT-RESPONDENT. STATE OF NEW JERSEY, DEPARTMENT OF ENVIRONMENTAL PROTECTION, PLAINTIFF-APPELLANT, v. EDGEWATER BEACH INC., A NEW JERSEY CORPORATION T/A EDGEWATER CABANA CLUB, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided December 12, 1985.

Attorney(s) appearing for the Case

Dorothy M. Highland, Deputy Attorney General, argued the cause for appellant (Irwin I. Kimmelman, Attorney General of New Jersey, attorney; Deborah T. Poritz, Deputy Attorney General, of counsel).

Michael J. Gross argued the cause for respondent, M.J. Stavola (Giordano, Halleran & Ciesla, attorneys; Sharlene A. Hunt on the brief).

Arthur Dennis Loring argued the cause for respondent, Edgewater Beach, Inc.

Before Judges FURMAN, PETRELLA and COHEN.

PER CURIAM.

At issue in these consolidated appeals is the applicability of the Coastal Area Facility Review Act (CAFRA), N.J.S.A. 13:19-1, et seq., to beach clubs which construct or reconstruct cabanas with individual amenities. The trial judge concluded that the structures then being built by respondents were not included in the statutory definition of "facility" and refused to order injunctive relief...

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