IN RE COMPLAINT OF FIVE MILE BEACH ELEC. RY. CO.


775 A.2d 708 (2001)

342 N.J.Super 52

In the Matter of the COMPLAINT PETITION OF FIVE MILE BEACH ELECTRIC RAILWAY CO., INC. against Delaware River and Bay Authority and Lion Corporation. In the Matter of the Request for a Cease and Desist order by Five Mile Beach Electric Railway Co., Inc. against Delaware River and Bay Authority.

Superior Court of New Jersey, Appellate Division.

Decided July 5, 2001.


Attorney(s) appearing for the Case

Thomas F.X. Foley, Clifton, argued the cause for appellant, (Fisher Fallon, attorneys; Mr. Foley on the brief).

Richard L. Voliva, Jr., Princeton, argued the cause for respondent, Delaware River and Bay Authority, (Souter & Voliva, attorneys; Mr. Voliva on the brief).

Sue Kleinberg, Deputy Attorney General, argued the cause for respondent, Department of Transportation, (John J. Farmer, Jr., Attorney General, attorney; Michael J. Haas, Assistant Attorney General, of counsel; Ms. Kleinberg on the brief).

Respondent Lion Corporation did not file a brief.

Before Judges WEFING, CUFF and LISA.


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

In these back-to-back appeals, consolidated for the purpose of this opinion, Five Mile Beach Electric Railway Co., Inc. ("FMB") appeals orders of the Commissioner of the New Jersey Department of Transportation ("DOT") dismissing its petitions and denying all relief it requested. FMB operates bus lines in Cape May-County, including a trackless trolley service between Cape...

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