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DEPT. OF ENV. v. MERCER SOIL

Docket No.: C-100-08

40 A.3d 107 (2009)

425 N.J. Super. 208

NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, Plaintiff, v. MERCER COUNTY SOIL CONSERVATION DISTRICT, Frank A. Baldorossi, Phyllis M. Baldorossi, Lee F. Forrester, Lisa T. Forrester, Prakash Sharma, Yogesh Sharma, Charles W. Gear, Morgan A. Gear, Aneesh Bakshi, Simi Bakshi, Defendants. Lee F. Forrester, Lisa T. Forrester, Frank A. Baldorossi, Phyllis Baldorossi, Prakash C. Sharma, Yogesh Sharma, Charles W. Gear, Morgan A. Gear, Aneesh Bakshi, Simi Bakshi, Third-Party Plaintiffs, v. County of Mercer, and State of New Jersey Department of Agriculture, Third-Party Defendants.

Superior Court of New Jersey, Chancery Division, Burlington County.

Decided May 19, 2009.

Attorney(s) appearing for the Case

Kenneth W. Elwell and James T. Hill , Deputy Attorneys General, for plaintiff, State of New Jersey, Department of Environmental Protection ( Paula T. Dow , Attorney General, attorney).

Lewis Goldshore and Robert J. Cash , Lawrenceville, for defendant, Mercer County Soil Conservation District ( Gold-shore , Cash & Kalac, PC, attorneys).

David C. Apy , Princeton, for defendants and third-party plaintiffs, F. Lee & Lisa T. Forrester, Frank A. & Phyllis Baldorossi (Saul Ewing, LLP, attorneys).

Andrew J. Walko , Deputy Attorney General, for NJ Department of Agriculture ( Paula T. Dow , Attorney General, attorney).

David M. Roskos , Trenton, for defendants and third-party plaintiffs, Prakash C. Sharma, Yogesh Sharma, Charles W. Gear and Morgan A. Gear, Aneesh Bakshi and Simi Bakshi (Sterns & Weinroth, attorneys).

HOGAN, P.J. Ch.

This matter essentially focuses upon the meaning of the term "owner" in the context of the New Jersey Safe Dam Act, N.J.S.A. 58:4-1 to 11 ("the Act" or "the statute"). To that extent, this is a case of first impression. The statute itself fails to include a concrete definition, and the regulatory definition fails to provide definitive guidance. Likewise, there are no published case law precedents that...

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