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NATIONAL TRANSFER, INC. v. DEPT. OF ENVIRONMENTAL PROTECTION

790 A.2d 218 (2002)

347 N.J. Super. 401

NATIONAL TRANSFER, INC., Plaintiff-Appellant, v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, Defendant-Respondent. New Jersey Department of Environmental Protection, Petitioner-Respondent, v. National Transfer, Inc., Respondent-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided February 6, 2002.

Attorney(s) appearing for the Case

Rich & Friedman, Parsippany, attorneys; (Marc J. Friedman, of counsel and on the brief).

John J. Farmer, Jr., Attorney General of New Jersey, attorney for respondent New Jersey Department of Environmental Protection (Andrea M. Silkowitz, Assistant Attorney General, of counsel; Regina H. Nugent, Deputy Attorney General, on the brief).

Marc J. Friedman, Parsippany, argued the cause for appellant, (Rich & Friedman, attorneys; Alan J. Rich of counsel, Marc J. Friedman, on the brief).

Susan J. Vercheak, Deputy Attorney General, argued the cause for respondent State of New Jersey Department of Environmental Protection (John J. Farmer, Jr., Attorney General, attorney; Andrea M. Silkowitz, Assistant Attorney General, of counsel; Ms. Vercheak, on the brief).

Paul Gallagher, Assistant County Counsel, argued the cause for respondent County of Bergen (Elizabeth E. Randall, County Counsel, attorney; Barbara H. Parker, on the brief).

Gabriel M. Ambrosio, Lyndhurst, attorney for respondent Borough of Lodi, relied on the briefs of co-respondents.

Before Judges PRESSLER, WEFING and LESEMANN.

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

These two appeals involve related issues and the same parties; we thus consolidate them for purposes of this opinion. In A-2677-99 National Transfer Inc. (National) appeals from a final order dismissing the complaint in lieu of prerogative writs it had filed in the Superior Court, Law Division, against the New Jersey Department of Environmental Protection (DEP). In A-3257-99, National appeals from a Final Decision...

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