TANURB v. N.J. DEPT. OF ENVIRONMENTAL PROTECTION


833 A.2d 670 (2003)

363 N.J. Super. 492

TANURB, An Ontario General Partnership, Petitioner-Appellant, v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, Respondent-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided October 29, 2003.


Attorney(s) appearing for the Case

James P. Rhatican, Roseland, argued the cause for appellant (Connell Foley, attorneys; Kevin J. Coakley, of counsel; Mr. Coakley and Mr. Rhatican, on the brief).

Jason T. Stypinski, Deputy Attorney General, argued the cause for respondent (Peter C. Harvey, Attorney General, attorney; Patrick DeAlmeida, Deputy Attorney General, of counsel; Mr. Stypinski, on the brief).

Before Judges COBURN, WELLS and FISHER.


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

Tanurb appeals from a decision of the Commissioner of the New Jersey Department of Environmental Protection ("DEP"). The decision, which confirmed the ruling made by an Administrative Law Judge ("ALJ") after a six-day hearing, denied Tanurb's application to build a 15,600 square-foot addition to an existing retail center because it would unjustifiably eliminate 1.02...

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