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IN RE NEW JERSEY PINELANDS COMM'N

812 A.2d 1113 (2003)

356 N.J. Super. 363

In the Matter of the NEW JERSEY PINELANDS COMMISSION RESOLUTION PC4-00-89. Pachoango Associates and Devel, L.C., Plaintiffs, and Iva Samost and Mainline Realty Group, LLC., Plaintiffs/Intervenors-Respondents, v. The New Jersey Pinelands Commission, Township Of Evesham, Evesham Township Planning Board, and Burlington County Planning Board, Defendants, and The Pinelands Preservation Alliance, New Jersey Audubon Society, and Natural Resources Defense Counsel, Defendants/Intervenors-Appellants.

Superior Court of New Jersey, Appellate Division.

Decided January 3, 2003.

Attorney(s) appearing for the Case

Susan J. Kraham and Tom Borden argued the cause for appellants Pinelands Preservation Alliance, New Jersey Audubon Society, and Natural Resources Defense Council (Rutgers Environmental Law Clinic, attorneys; Marjorie Fox and Ms. Kraham, of counsel and on the brief).

Valerie W. Haynes, Deputy Attorney General, argued the cause for respondent Pinelands Commission (David Samson, Attorney General of New Jersey, attorney; Patrick DeAlmeida, Deputy Attorney General, of counsel; Ms. Haynes, Deputy Attorney General, on the brief).

Gregory A. Lomax, Cherry Hill, argued the cause for Iva Samost, and J. Eric Kishbaugh argued the cause for Mainline Realty Group (Wolf, Block, Schorr and Solis Cohen, attorneys for Iva Samost; Louis Giansante & Associates, attorneys for Mainline Realty Group, L.L.C.; Mr. Lomax, Carol Cobb, Thomas Paolini, James Greenberg and Mr. Kishbaugh, on the joint brief).

David Sampson, Attorney General of New Jersey, for amicus curiae New Jersey Department of Environmental Protection (Jose L. Fernandez, Deputy Attorney General, on the brief).

Before Judges PRESSLER, WALLACE, JR., and HOENS.

The opinion of the court was delivered by

WALLACE, JR., J.A.D.

These separate appeals calendared back-to-back are consolidated for the purposes of this opinion.

In one appeal, appellants Pinelands Preservation Alliance, New Jersey Audubon Society, and the Natural Resources Defense Council (collectively, appellants) appeal from Resolution PC4-00-89 entered by the Pinelands Commission (the Commission) approving a settlement agreement containing modifications...

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