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M. ALFIERI CO. v. STATE, DEPE.

269 N.J. Super. 545 (1994)

636 A.2d 87

M. ALFIERI CO., INC., PLAINTIFF-APPELLANT, v. STATE OF NEW JERSEY, DEPARTMENT OF ENVIRONMENTAL PROTECTION AND ENERGY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided January 10, 1994.

Attorney(s) appearing for the Case

Hellring, Lindeman, Goldstein & Siegal, attorneys for appellant (Charles Oransky, on the brief).

Fred DeVesa, Acting Attorney General, attorney for respondent (Joseph Yannotti, Assistant Attorney General, of counsel; Barbara Conklin, Deputy Attorney General, on the brief).

Before Judges PETRELLA, BAIME and CONLEY.

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

The Freshwater Wetlands Protection Act (N.J.S.A. 13:9B-1 to -30) (FWPA) provides a comprehensive regulatory scheme for the protection of New Jersey's freshwater wetlands. Toward this end, the Legislature instituted a permit program to be administered by the Department of Environmental Protection and Energy (DEPE) with stringent criteria designed to discourage disturbance of wetland areas. Certain classes...

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