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LACEY MUN. UTIL. AUTH. v. DEPT. OF ENVIRONMENTAL PROTECTION

711 A.2d 932 (1998)

312 N.J. Super. 298

LACEY MUNICIPAL UTILITIES AUTHORITY, Petitioner-Appellant, v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, ENVIRONMENTAL CLAIMS ADMINISTRATION, SPILL COMPENSATION FUND, Respondent-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided June 4, 1998.

Attorney(s) appearing for the Case

Jerry J. Dasti, Forked River, for petitioner-appellant (Dasti, Murphy & Wellerson, P.C., attorneys; Mr. Dasti and Gregory P. McGuckin, on the brief).

Mark D. Oshinskie, Deputy Attorney General, for respondent-respondent (Peter Verniero, Attorney General of New Jersey, attorney; Mary C. Jacobson, Assistant Attorney General, of counsel; Mr. Oshinskie, on the brief).

Before Judges SHEBELL, D'ANNUNZIO and A.A. RODRIGUEZ.

The opinion of the court was delivered by

SHEBELL, P.J.A.D.

This is an appeal from the January 3, 1995 denial by the Administrator of the Spill Compensation Fund (Fund) of two Spill Fund claims brought by the Lacey Municipal Utilities Authority (Lacey) on the ground that they were filed "later than one year from the date of discovery of damage" contrary to N.J.S.A. 58:10-23.11k. We reverse as to both claims and remand to the Fund for consideration of...

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