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STATE, DEPT. OF ENVIR. PROTECTION v. STAVOLA

103 N.J. 425 (1986)

511 A.2d 622

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

The Supreme Court of New Jersey.

Decided July 22, 1986.

Attorney(s) appearing for the Case

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

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

Dorothy M. Highland, Deputy Attorney General, argued the cause for respondent (W. Cary Edwards, Jr., Attorney General of New Jersey, attorney; Michael R. Clancy, Deputy Attorney General, of counsel).

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

The Coastal Area Facility Review Act (CAFRA), N.J.S.A. 13:19-1 to -21, requires that any person proposing to construct a "facility" in the coastal area must obtain a permit from the Department of Environmental Protection (DEP). A "facility" is extensively defined in CAFRA and includes the construction of "new housing developments of 25 or more dwelling units or...

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