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IN RE AMICO/TUNNEL CARWASH

852 A.2d 277 (2004)

371 N.J. Super. 199

In re AMICO/TUNNEL CARWASH.

Superior Court of New Jersey, Appellate Division.

Decided July 15, 2004.

Attorney(s) appearing for the Case

Roger S. Clapp, Summit, argued the cause for appellants John and Virginia Heldon (Cooper, Rose & English, attorneys; Michael S. Rubin and Mr. Clapp, on the brief).

Penny S. Ludman, Deputy Attorney General, argued the cause for respondent New Jersey Meadowlands Commission (Peter C. Harvey, Attorney General, attorney; Patrick DeAlmeida, Deputy Attorney General, of counsel; Ms. Ludman, on the brief).

Gary S. Rosensweig, Princeton, argued the cause for respondent Paul Amico (Archer & Greiner, attorneys).

Before Judges SKILLMAN, COBURN and C.S. FISHER.

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

This appeal requires us to interpret the 1993 amendment to the Administrative Procedure Act (APA), N.J.S.A. 52:14B-1 to -25, which prohibits a state administrative agency from adopting "any rule or regulation that would allow a third party to appeal a permit decision." N.J.S.A. 52:14B-3.3(a). We conclude that this amendment withdrew the power of an...

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