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SPALT v. NEW JERSEY D.E.P.

237 N.J. Super. 206 (1989)

567 A.2d 264

EVAN SPALT, JAMES JENKS, CONSTANCE PILLING, WILLIAM D. DECAMP, JR., AND BARNEGAT BAY PRESERVATION COALITION, PLAINTIFFS-APPELLANTS, v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, DIVISION OF COASTAL RESOURCES WITHIN NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION AND TRENDOR CORPORATION, A NEW JERSEY CORPORATION, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided December 7, 1989.

Attorney(s) appearing for the Case

Nathan M. Edelstein argued the cause for appellants (Ridolfi, Friedman, Frank, Edelstein & Bernstein, attorneys; Nathan M. Edelstein on the brief).

Stephen E. Brower, Deputy Attorney General, argued the cause for respondent, New Jersey Department of Environmental Protection (Peter N. Perretti, Jr., Attorney General of New Jersey, attorney; Mary C. Jacobson, Deputy Attorney General, of counsel; Stephen E. Brower on the brief).

Michael J. Gross argued the cause for respondent Trendor Corporation (Giordano, Halleran & Ciesla, attorneys; Michael J. Gross of counsel; Patrick J. McNamara and Andrew B. Robins on the brief).

Before Judges J.H. COLEMAN, MUIR, Jr., and SKILLMAN.

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

The key issue raised in this appeal is whether plaintiffs were entitled to an adjudicatory hearing. Our careful study of the record persuades us to conclude they were not. Hence, we affirm.

I

A rather detailed procedural and factual history is essential to an understanding and resolution of the issues raised. Defendant Trendor Corporation (Trendor) has proposed construction

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