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RINALDO v. RLR INV., LLC

904 A.2d 725 (2006)

387 N.J. Super. 387

Matthew T. RINALDO and Sherry J. Rinaldo, Plaintiffs-Appellants, v. RLR INVESTMENT, LLC, R & L Carriers, Greenvest, 206 Associates and New Jersey Department of Environmental Protection, Defendants-Respondents, and James N. Gray Company, Defendant.

Superior Court of New Jersey, Appellate Division.

Decided August 14, 2006.

Attorney(s) appearing for the Case

Robert M. Vreeland argued the cause for appellant.

Alfred R. Scerni, Jr., Pleasantville, argued the cause for respondents RLR Investment, LLC, R & L Carriers and Greenvest (Giovanna Lombardo, on the brief).

William A. Schnurr, Deputy Attorney General, argued the cause for respondent Department of Environmental Protection (Zulima V. Farber, Attorney General, attorney; Michael Haas, Assistant Attorney General, of counsel; Mr. Schnurr, on the brief).

Before Judges SKILLMAN, AXELRAD and SABATINO.

The opinion of the court was delivered by

SKILLMAN, P.J.A.D.

The primary issue presented by this appeal is whether an applicant for a wetlands permit who proposes to mitigate the adverse impact upon wetlands of a development project on its property at an off-site location must give notice to owners of property within 200 feet of the mitigation site. We conclude that such notice is required if the proposed wetlands mitigation project involves the disturbance...

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