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ZUCCARELLI v. STATE

741 A.2d 599 (1999)

326 N.J. Super. 372

John ZUCCARELLI, III, Lillian Zuccarelli, and John Zucarelli, Appellants, v. STATE of New Jersey, DEPARTMENT OF ENVIRONMENTAL PROTECTION, Respondent.

Superior Court of New Jersey, Appellate Division.

Decided December 13, 1999.

Attorney(s) appearing for the Case

Patrick D. Kennedy, for appellants (Hill Wallack, Princeton, attorney; Mr. Kennedy, T. Gary Mitchell and Maeve E. Cannon, Princeton, of counsel and on the brief; Anthony L. Velasquez, Princeton, on the brief).

Susan J. Vercheak, Deputy Attorney General, for respondent (John J. Farmer, Jr., Attorney General, attorney; Andrea M. Silkowitz, Assistant Attorney General, of counsel; Ms. Vercheak, on the brief).

Before Judges MUIR, Jr., WALLACE, Jr. and CUFF.

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

Appellants, John Zuccarelli, III (Zuccarelli, III) and Lillian and John Zuccarelli (Zuccarelli) appeal from a decision and order of the Commissioner of the Department of Environmental Protection (DEP), denying their application to reopen and vacate a 1992 settlement agreement. In their appeal, appellants contend: (1) the unconstitutionality of the waste flow regulations mandates voiding or substantially...

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