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IN RE D.E.P. REG. N.J.A.C. 7:7-2.1(B)1.III.

214 N.J. Super. 579 (1987)

520 A.2d 794

IN THE MATTER OF THE NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, DIVISION OF COASTAL RESOURCES REGULATION, N.J.A.C. 7:7-2.1(B)1.III., AND APPLICATION OF SAID REGULATION TO A CERTAIN PROJECT PROPOSED BY RALPH CLAYTON, JR.

Superior Court of New Jersey, Appellate Division.

Decided January 12, 1987.

Attorney(s) appearing for the Case

Lewis Goldshore argued the cause for appellant, Ralph Clayton, Jr. (Goldshore & Wolf, attorneys; Robert J. Cash and Marsha Wolf, on the brief).

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

Before Judges FURMAN, SHEBELL and STERN.

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

Ralph Clayton, Jr. appeals from a decision by the Division of Coastal Resources in the Department of Environmental Protection (DEP) asserting its jurisdiction under the Coastal Area Facility Review Act (CAFRA), N.J.S.A. 13:19-1 et seq., to review Clayton's proposed commercial shopping center development. No CAFRA hearing has been held.

The appeal was filed as of right under R....

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