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MT. BETHEL HUMUS v. STATE

273 N.J. Super. 421 (1994)

642 A.2d 415

MT. BETHEL HUMUS COMPANY, INC., PLAINTIFF-APPELLANT, v. STATE OF NEW JERSEY, DEPARTMENT OF ENVIRONMENTAL PROTECTION AND ENERGY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided May 24, 1994.

Attorney(s) appearing for the Case

Henry N. Christensen Jr. argued the cause for appellant (Samuel D. Bornstein, attorney).

Rachel Horowitz, Deputy Attorney General, attorney for respondent (Deborah T. Poritz, Attorney General, attorney; Joseph L. Yannotti, Assistant Attorney General, of counsel; Ms. Horowitz, on the brief).

Before Judges BRODY, STERN and KEEFE.

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

The issue presented on appeal is whether a resolution passed by the Township of Vernon Planning Board (Planning Board) on May 25, 1983 constituted site plan approval under the Municipal Land Use Law (MLUL) so as to exempt plaintiff's operations from the permit requirements of the Freshwater Wetlands Protection Act (FWPA). The Commissioner of the Department of Environmental Protection and Energy (DEPE) determined...

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