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MONTCLAIR TP. v. HUGHEY

222 N.J. Super. 441 (1987)

537 A.2d 692

TOWNSHIP OF MONTCLAIR, ET AL., PLAINTIFFS-APPELLANTS, v. ROBERT E. HUGHEY, ET AL., DEFENDANTS-APPELLANTS. THE TOWNSHIP OF JACKSON, PLAINTIFF-RESPONDENT, v. THE STATE OF NEW JERSEY, ET AL., DEFENDANTS-APPELLANTS. OCEAN COUNTY BOARD OF CHOSEN FREEHOLDERS, PLAINTIFFS-RESPONDENTS, v. STATE OF NEW JERSEY, ET AL., DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided October 20, 1987.

Attorney(s) appearing for the Case

Timothy S. Haley argued the cause for appellant Township of Montclair (Gordon, Gordon & Haley, attorneys; Timothy S. Haley, on the brief).

Richard F. Engel, Deputy Attorney General, argued the cause for appellant Department of Environmental Protection (W. Cary Edwards, Attorney General of New Jersey, attorney; James J. Ciancia, Assistant Attorney General, of counsel; Richard F. Engel, on the brief).

Thomas G. Gannon argued the cause for respondent Township of Jackson (Hiering and Hoffman, attorneys; John C. Sahradnik and Thomas G. Gannon, on the brief).

John C. Sahradnik argued the cause for respondent Ocean County Board of Chosen Freeholders (Berry, Kagan, Privetera and Sahradnik, attorneys; Thomas G. Gannon and John C. Sahradnik, on the brief).

Before Judges ANTELL, DEIGHAN and LANDAU.

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

The narrow question presented on this appeal is whether these consolidated actions against a state administrative agency were properly brought in the Law and Chancery Divisions or whether plaintiffs may find their relief exclusively in the Appellate Division.

Invoking his emergency powers under the Civil Defense and Disaster Control Act, N.J.S.A. App. A:9-30 et seq., on December 2, 1983...

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