A.R. CRISCUOLO & ASSOC., INC. v. N.J. DEPT. OF ENVIR. PROTECTION


249 N.J. Super. 290 (1991)

592 A.2d 313

A.R. CRISCUOLO AND ASSOCIATES, INC. DEFINED BENEFIT PENSION PLAN AND TRUST, PLAINTIFF-APPELLANT, v. N.J. DEPARTMENT OF ENVIRONMENTAL PROTECTION, CHRISTOPHER DAGGETT, COMMISSIONER; BUREAU OF FRESHWATER WETLANDS, ROBERT PIEL, JR., CHIEF, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 28, 1991.


Attorney(s) appearing for the Case

Peter Buchsbaum argued the cause for appellant (Hannoch Weisman, attorneys; Peter Buchsbaum, Edward McTiernan and David A. Larkin, on the briefs).

Helene P. Chudzik, Deputy Attorney General, argued the cause for respondent (Douglas S. Eakeley, Acting Attorney General, Attorney; John M. Van Dalen, Deputy Attorney General, of counsel; Helene P. Chudzik, on the brief).

Before Judges KING, LONG and R.S. COHEN.


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

Plaintiff, A.R. Criscuolo and Associates, Inc. Defined Benefit Pension Plan and Trust (Criscuolo) here challenges a decision of the New Jersey Department of Environmental Protection (DEP) granting it only a limited exemption from the provisions of the Freshwater Wetlands Protection Act (FWPA or the Act), N.J.S.A. 13:9B-1 to -30. Criscuolo contends that it...

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