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NEW JERSEY ASS'N v. DEPT. OF ENV.

842 A.2d 262 (2004)

367 N.J. Super. 154

NEW JERSEY ASSOCIATION OF REALTORS®, Appellant, v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, Respondent.

Superior Court of New Jersey, Appellate Division.

Decided February 25, 2004.

Attorney(s) appearing for the Case

Barry S. Goodman, Woodbridge, argued the cause for appellant (Greenbaum, Rowe, Smith, Ravin, Davis & Himmel, attorneys; Mr. Goodman, of counsel and on the brief; Kellie A. Lavery, on the reply brief).

John F. Dickinson Jr., Deputy Attorney General, argued the cause for respondent (Peter C. Harvey, Attorney General, attorney; Patrick DeAlmeida, Deputy Attorney General, of counsel; Mr. Dickinson, on the brief).

Before Judges A.A. RODRIGUEZ, LEFELT and PAYNE.

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

Pursuant to R. 2:2-3(a)(2), the New Jersey Association of Realtors® (NJAR)1, challenges the validity of N.J.A.C. 7:26E-8.2(g)(5), a regulation adopted by the Department of Environmental Protection (DEP) effective February 3, 2003.2 We conclude that N.J.A.C. 7:26E-8.2(g)(5) is void ab initio because it is in conflict...

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