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B & J REALTY v. NEW JERSEY DEP.

884 A.2d 815 (2005)

381 N.J. Super. 52

B & J REALTY, L.L.C., Appellant, v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, Respondent.

Superior Court of New Jersey, Appellate Division.

Decided October 18, 2005.

Attorney(s) appearing for the Case

Jack Plackter, Atlantic, City, argued the cause for appellant (Fox Rothschild, attorneys; Mr. Plackter and Allison L. Kashon, on the brief).

Robert L. Gambell, Deputy Attorney General, argued the cause for respondent (Peter C. Harvey, Attorney General, attorney; Patrick DeAlmeida, Assistant Attorney General, of counsel; Mr. Gambell, on the brief).

Before Judges COBURN, COLLESTER and LISA.

The opinion of the court was delivered by

LISA, J.A.D.

We consider in this appeal a final decision by the New Jersey Department of Environmental Protection (DEP or Department), through its Land Use Regulation Program (Program) in which the Department (1) determined that it possessed jurisdiction over the proposed development of appellant, B & J Realty, L.L.C., under the Coastal Area Facility Review Act (CAFRA), N.J.S.A. 13:19-1 to -21, by virtue...

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