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HOVNANIAN v. NJDEP

876 A.2d 847 (2005)

379 N.J. Super. 1

K. HOVNANIAN COMPANIES OF NORTH CENTRAL JERSEY, INC., Plaintiff-Appellant, v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, Defendant-Respondent, and Wendy Kelman Neu, John L. Neu and Concerned Citizens of Union Township, Defendants/Intervenors-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided July 1, 2005.

Attorney(s) appearing for the Case

Paul Schneider, Middletown, argued the cause for appellant (Giordano, Halleran & Ciesla, attorneys; Peter A. Buschsbaum, of counsel and on the brief).

Rachel Horowitz, Deputy Attorney General, argued the cause for respondent (Peter C. Harvey, Attorney General, attorney; Patrick DeAlmeida, Deputy Attorney General, of counsel; Ms. Horowitz, on the brief).

Carter H. Strickland, Jr. argued the cause for intervenors-respondents (Rutgers Environmental Law Clinic, Newark, attorneys; Thomas A. Borden, of counsel and on the brief).

Before Judges CUFF, WEISSBARD and HOENS.

The opinion of the court was delivered by

HOENS, J.A.D.

Plaintiff K. Hovnanian Companies of North Central Jersey, Inc. (Hovnanian) appeals from the order of the Law Division dismissing its Mount Laurel2 complaint on grounds of ripeness and failure to exhaust administrative remedies. We affirm.

Although the factual and procedural history that led to the entry of the order on appeal is lengthy and complex, we need...

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