IN RE I/M/O CADGENE FAMILY


286 N.J. Super. 270 (1995)

669 A.2d 239

I/M/O CADGENE FAMILY PARTNERSHIP.

Superior Court of New Jersey, Appellate Division.

Decided October 19, 1995.


Attorney(s) appearing for the Case

Timothy S. Haley argued the cause for appellant Cadgene Family Partnership (Sullivan & Sullivan, attorneys; Arthur J. Sullivan, Jr., of counsel; Mr. Haley, on the brief).

Karen L. Jordan, Deputy Attorney General, argued the cause for respondent DEP (Deborah T. Poritz, Attorney General, attorney; Mary C. Jacobson, Assistant Attorney General, of counsel; Ms. Jordan, on the brief).

Dennis J. Smith argued the cause for respondent Paterson Laundry & Dye Works (Clancy, Callahan & Smith, attorneys; Mr. Smith, of counsel; James J. Cronin, on the brief).

Craig S. Provorny argued the cause for respondent McLean Boulevard Associates (Herold & Haines, attorneys; Anthony J. Reitano, of counsel; Mr. Provorny, on the brief).

The briefs of Cristany Print Works, Inc., Mirarobles, Inc., and Textile Piece and Dyeing Company, Inc. were suppressed.

Before Judges MICHELS, BAIME and KIMMELMAN.


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

Cadgene Family Partnership Industrial Establishment (Cadgene) appeals from the action of the Department of Environmental Protection (DEP) rescinding its approvals of Cadgene's letter of non-applicability and negative declaration. The DEP concluded that Cadgene had withheld material information when applying for these approvals. Although phrased in a variety of ways, Cadgene contends (1) the DEP abused its discretion...

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