IN RE PROPOSED XANADU REDEVELOPMENT PROJECT

Nos. A-0674-04T1, A-0688-04T1.

955 A.2d 976 (2008)

402 N.J. Super. 607

In the Matter of the PROPOSED XANADU REDEVELOPMENT PROJECT and the Approval of the Joint Hearing Officers' Report by the New Jersey Meadowlands Commission and the New Jersey Department of Environmental Protection Pursuant to N.J.S.A. 5:10-23 and of the Section 5(X) Consultation Report by the New Jersey Meadowlands Commission Pursuant to N.J.S.A. 5:10-5(x) with Respect to the Proposed Project.

Superior Court of New Jersey, Appellate Division.

Decided September 17, 2008.


Attorney(s) appearing for the Case

D. Mark Leonard argued the cause for appellant Hartz Mountain Industries, Inc., in A-0674-04T1 (Horowitz, Rubino & Patton and Walder, Hayden & Brogan, attorneys; Irwin A. Horowitz, Justin P. Walder, and Allen J. Magrini, of counsel; Mr. Leonard, Shalom D. Stone, and Asaad K. Siddiqi, Roseland, on the brief).

Edward Lloyd, New York, NY, argued the cause for appellants The Sierra Club and others in A-0688-04T1 (Morningside Heights Legal Services, Inc., Environmental Law Clinic, Columbia School of Law, attorneys; Mr. Lloyd, on the brief).

Christine Piatek, Deputy Attorney General, argued the cause for respondent Department of Environmental Protection (Anne Milgram, Attorney General, attorney; Michael J. Haas, Assistant Attorney General, of counsel; Ms. Piatek, on the brief).

Timothy J. O'Neill argued the cause for respondent New Jersey Sports & Exposition Authority (Windels Marx Lane & Mittendorf, attorneys; Mr. O'Neill, of counsel; Charles M. Fisher, Ellen M. Christoffersen, and Lisa D. Cornacchia, Princeton, on the brief).

Michael R. Cole argued the cause for respondents The Mills Corporation and Mack-Cali Realty Corporation (DeCotiis, FitzPatrick, Cole & Wisler, attorneys; Mr. Cole, of counsel; Benjamin Clarke, Gregory J. Bevelock, and Alice M. Penna, Teaneck, on the brief).

Before Judges WEFING, PARKER and LYONS.


The opinion of the court was delivered by

LYONS, J.A.D.

This case concerns the New Jersey Sports and Exposition Authority's (NJSEA) proposed Xanadu Redevelopment Project (Xanadu), a massive multi-use development, to be constructed and operated in and around what is now known as the IZOD Center site in the Hackensack Meadowlands.1 The Sierra Club, Environmental Defense, the New Jersey Public Interest Research Group Citizen Lobby...

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