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GOLDSTEIN v. PLANNING BD.

272 N.J. Super. 359 (1993)

639 A.2d 1161

ALVIN GOLDSTEIN AND ELEANOR GOLDSTEIN, HUSBAND AND WIFE, PLAINTIFFS, v. PLANNING BOARD OF THE BOROUGH OF BARNEGAT LIGHT AND THE BOROUGH OF BARNEGAT LIGHT, A MUNICIPAL CORPORATION, DEFENDANTS. PLANNING BOARD OF THE BOROUGH OF BARNEGAT LIGHT, DEFENDANT/THIRD-PARTY PLAINTIFF, v. STATE OF NEW JERSEY, DEPARTMENT OF ENVIRONMENTAL PROTECTION AND ENERGY, THIRD-PARTY DEFENDANT.

Superior Court of New Jersey, Law Division Ocean County.

Decided December 17, 1993.

Attorney(s) appearing for the Case

Stephen Hankin for plaintiffs (Hankin, Sandson & Sandman, attorneys).

Charles W. Hutchinson, Jr., for defendant Borough of Barnegat Light (Gilmore & Monahan, P.A., attorneys).

Russell P. Cherkos for defendant/third-party plaintiff Planning Board of the Borough of Barnegat Light.

Lewin J. Weyl, Deputy Attorney General, for third-party defendant State of New Jersey, Department of Environmental Protection and Energy (Fred DeVesa, acting Attorney General).

SERPENTELLI, A.J.S.C.

This opinion addresses three issues arising out of the Appellate Division companion cases of El Shaer v. Planning Board of Lawrence, 249 N.J.Super. 323, 592 A.2d 565 (App.Div.), certif. denied, 127 N.J. 546, 606 A.2d 360 (1991), and Pizzo Mantin Group v. Randolph Tp.,

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