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OFP, L.L.C. v. STATE

930 A.2d 442 (2007)

395 N.J. Super. 571

OFP, L.L.C., Plaintiff-Appellant, v. STATE of New Jersey, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided August 10, 2007.

Attorney(s) appearing for the Case

Brian J. Mulligan, Trenton, argued the cause for appellant (Sterns & Weinroth, attorneys; Mr. Mulligan and Jason T. Stypinski, on the briefs).

Dean Jablonski, Deputy Attorney General, argued the cause for respondent (Stuart Rabner, Attorney General, attorney; Patrick DeAlmeida and Nancy Kaplen, Assistant Attorneys General, of counsel; Mr. Jablonski and Brian Weeks, Deputy Attorney General, on the briefs).

Before Judges SKILLMAN, LISA and HOLSTON, JR.

The opinion of the court was delivered by

SKILLMAN, P.J.A.D.

In August 2004, the Governor signed into law the Highlands Water Protection and Planning Act (the Highlands Act), N.J.S.A. 13:20-1 to -35. This legislation established a state agency, called the Highlands Water Protection and Planning Council (Highlands Council), N.J.S.A. 13:20-4, which was delegated responsibility for land use planning in the Highlands Region, consisting of nearly...

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