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LAST CHANCE DEVELOPMENT PARTNERSHIP v. KEAN

119 N.J. 425 (1990)

575 A.2d 427

LAST CHANCE DEVELOPMENT PARTNERSHIP, A NEW JERSEY GENERAL PARTNERSHIP; BAYSHORE ASSOCIATES, A NEW JERSEY GENERAL PARTNERSHIP; SAW MILL ASSOCIATES, A NEW JERSEY GENERAL PARTNERSHIP; FREDERICK W. SCHMIDT, JR.; STONE HARBOR BOULEVARD CORPORATION, A NEW JERSEY CORPORATION; FERGUSON DEVELOPMENT CORPORATION, A NEW JERSEY CORPORATION; BALD EAGLE ENTERPRISES, INC., A NEW JERSEY CORPORATION; AND LONG BEACH TOWNSHIP OCEAN FRONT PROPERTY OWNERS ASSOCIATION, RESPONDENTS, v. THOMAS H. KEAN, GOVERNOR OF NEW JERSEY; CHRISTOPHER J. DAGGETT, ACTING COMMISSIONER; AND NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, APPELLANTS.

The Supreme Court of New Jersey.

Decided June 20, 1990.

Attorney(s) appearing for the Case

Harley A. Williams, Deputy Attorney General, argued the cause for appellants (Peter N. Perretti, Jr., Attorney General of New Jersey, attorney; Mary C. Jacobson, Deputy Attorney General, of counsel).

Richard M. Hluchan argued the cause for respondents (Levin & Hluchan, attorneys).

PER CURIAM.

The Waterfront Development Act provides generally for state regulation of the development of property along the waterfront of navigable waters. This case requires the Court to decide whether the New Jersey Department of Environmental Protection ("DEP" or "Department") exceeded its statutory authority in promulgating either or both of two rule amendments to the Act. Those amendments extend DEP's regulatory authority...

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