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MUTSCHLER v. DEPT. OF ENVIR. PROTECTION

766 A.2d 285 (2001)

337 N.J. Super. 1

Dorothea M. MUTSCHLER, Richard Wilde and Barbara Wilde, Plaintiffs-Respondents, v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, Raymond E. Cantor and Kevin Broderick, Defendants-Appellants, and Borough of West Cape May Planning Board, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided January 18, 2001.

Attorney(s) appearing for the Case

Brian Weeks, Deputy Attorney General, argued the cause for appellants (John J. Farmer, Jr., Attorney General, attorney; Mary C. Jacobson, Assistant Attorney General, of counsel; Mr. Weeks, on the brief).

Richard M. Hluchan, Voorhees, argued the cause for respondents Dorothea M. Mutschler, Richard Wilde and Barbara Wilde (Ballard Spahr Andrews & Ingersoll, attorneys; Mr. Hluchan, of counsel; Jeffrey S. Beenstock, on the brief).

Robert L. Taylor, Stone Harbor, argued the cause for respondent Borough of West Cape May Planning Board.

Before Judges SKILLMAN, CONLEY and WECKER.

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

The Coastal Area Facility Review Act (CAFRA), N.J.S.A. 13:19-1 to 21, requires any party who plans to construct a "public development" within the coastal area to obtain a permit from the Department of Environmental Protection (DEP). N.J.S.A. 13:19-5. In 1995, the Borough of West Cape May obtained a CAFRA permit that authorized the municipality to construct...

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