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SMB ASSOCS. v. DEPT. OF ENVIRON. PROT.

264 N.J. Super. 38 (1993)

624 A.2d 14

IN THE MATTER OF: SMB ASSOCIATES (ANCHORING POINT), v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION.

Superior Court of New Jersey, Appellate Division.

Decided April 23, 1993.

Attorney(s) appearing for the Case

Gordon N. Litwin argued the cause for appellants American Littoral Society, D.W. Bennett and Richard Crema (Ansell, Zaro, Bennett & Kenney, attorneys).

Richard M. Hluchan argued the cause for respondent SMB Associates (Levin & Hluchan, attorneys).

Robert J. Del Tufo, Attorney General of New Jersey, submitted a Statement in Lieu of Brief for Coastal Area Review Board (Helene P. Chudzik, Deputy Attorney General, on the Statement).

Robert J. Del Tufo, Attorney General of New Jersey, submitted a supplemental brief (Mary C. Jacobson, Deputy Attorney General, on the brief).

Before Judges LONG, D'ANNUNZIO and KEEFE.

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

At issue is the power of a government agency to waive its regulations.

This appeal involves a mixed-use real estate development proposed by respondent SMB Associates (hereinafter SMB) in Egg Harbor Township in Atlantic County. Specifically, appellants, American Littoral Society, D.W. Bennett and Richard Crema, appeal from a decision of the Coastal Area Review Board (hereinafter CARB), rendered on...

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