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BEATTYSTOWN COMMUNITY COUNCIL v. DEPT. OF ENV. PROT.

712 A.2d 1170 (1998)

The BEATTYSTOWN COMMUNITY COUNCIL, Appellant, v. The DEPARTMENT OF ENVIRONMENTAL PROTECTION, Green Eagle Property Resources Limited Partnership, and Township of Mansfield, Respondents.

Superior Court of New Jersey, Appellate Division.

Decided June 22, 1998.

Attorney(s) appearing for the Case

Michele R. Donato, Lavallette, for appellant.

William J. O'Hagan, Jr., Neptune, for respondent Green Eagle Property Resources Limited Partnership (Stout & O'Hagan, attorneys; Mr. O'Hagan, of counsel; Laurence I. Rothstein, on the brief).

Valerie Anne Gray, Deputy Attorney General, for respondent Department of Environmental Protection (Peter Verniero, Attorney General, attorney; Mary C. Jacobson, Assistant Attorney General, of counsel; Ms. Gray, on the brief).

Respondent Township of Mansfield did not file a brief.

Elizabeth S. Merritt, Washington, DC, of the District of Columbia bar, admitted pro hac vice, for amici curiae National Trust for Historic Preservation and Preservation New Jersey, Inc. (Cooper, Rose & English, attorneys; Roger S. Clapp, Summit, of counsel; Paul W. Edmonson, San Diego, CA, Ms. Merritt and Laura S. Nelson, Washington, DC, on the brief).

Before Judges DREIER, KEEFE and PAUL G. LEVY.

The opinion of the court was delivered by PAUL G. LEVY, J.A.D.

Green Eagle Property Resources Limited Partnership (Green Eagle) obtained local approvals to build a large shopping center at the northeast corner of the intersection of State Route 57 and Airport Road in Mansfield Township, Warren County. As part of the project, certain improvements were to be made to these two intersecting roads. The improvements required application...

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