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LAST CHANCE DEVELOPMENT v. KEAN

232 N.J. Super. 115 (1989)

556 A.2d 796

LAST CHANCE DEVELOPMENT PARTNERSHIP, A NEW JERSEY GENERAL PARTNERSHIP, ET AL., APPELLANTS, v. THOMAS H. KEAN, GOVERNOR OF NEW JERSEY, ET AL., RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided April 7, 1989.

Attorney(s) appearing for the Case

Richard M. Hluchan argued the cause on behalf of appellants (Drinker, Biddle & Reath, attorneys; Richard M. Hluchan and Jerry H. Seidler, on the brief).

Harley A. Williams, Deputy Attorney General, argued the cause for respondents (Peter N. Perretti, Jr., Attorney General, attorney; Deborah T. Poritz, Assistant Attorney General, of counsel; Harley A. Williams, on the brief).

Before Judges J.H. COLEMAN, DEIGHAN and BAIME.

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

The sole issue presented by these appeals is whether the Department of Environmental Protection (DEP) exceeded its statutory authority in promulgating amendments to the Waterfront Development Permit Rules, N.J.A.C. 7:7-2.3. The amendments substantially expand the regulatory jurisdiction of the DEP over upland developments in certain coastal areas. In essence...

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