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DISTRIBUTEC v. NEW JERSEY DEPE.

274 N.J. Super. 1 (1994)

643 A.2d 11

DISTRIBUTEC, INC., PETITIONER-APPELLANT, v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION AND ENERGY, DIVISION OF COASTAL RESOURCES, RESPONDENT-RESPONDENT, AND DELANCO LAND PARTNERSHIP, AND THE TOWNSHIP OF DELANCO, INTERVENORS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided May 12, 1994.

Attorney(s) appearing for the Case

Neil Yoskin argued the cause for appellant (Picco Mack Herbert Kennedy Jaffe & Yoskin, attorneys; Stacy C. Weinstein, on the brief).

Kathe F. Mullally, Deputy Attorney General, argued the cause for respondent Department of Environmental Protection and Energy (Deborah T. Poritz, Attorney General, attorney; Mary C. Jacobson, Assistant Attorney General, of counsel).

Arnold C. Lakind argued the cause for respondent Delanco Land Partnership (Szaferman, Lakind, Blumstein, Watter & Blader, attorneys).

Nicholas J. Costa argued the cause for respondent Township of Delanco (Costa & Vetra, attorneys).

Before Judges BRODY, STERN and KEEFE.

PER CURIAM.

Distributec appeals from the denial of its application for permission to build a new port facility for container-cargo vessels on the Delaware River in Delanco Township by the Department of Environmental Protection and Energy (DEPE).

Distributec purchased the Delanco facility in 1987. It was formerly owned and operated by the Kaiser Gypsum Corporation. In the Kaiser operation, freighters carrying bulk gypsum were unloaded at a T-shaped pier. Kaiser...

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