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ZRB, LLC v. N.J. DEPT. OF ENVIRONMENTAL PROTECTION

DOCKET NO. A-6046-06T3

959 A.2d 866 (2008)

403 N.J. Super. 531

ZRB, LLC, Petitioner-Appellant, v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, LAND USE REGULATION, Respondent-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided November 17, 2008.

Attorney(s) appearing for the Case

Richard M. Hluchan argued the cause for appellant (Ballard Spahr Andrews & Ingersoll, attorneys; Mr. Hluchan, of counsel and on the brief; Robert S. Baranowski, Jr., Voorhees, on the brief).

Lisa G. Daglis, Deputy Attorney General, argued the cause for respondent (Anne Milgram, Attorney General, attorney; Lewis A. Scheindlin, Assistant Attorney General, of counsel; Ms. Daglis, on the brief).

Before Judges WINKELSTEIN, GILROY and CHAMBERS.

The opinion of the court was delivered by

WINKELSTEIN, P.J.A.D.

The threshold issue presented in this appeal is whether the New Jersey Department of Environmental Protection (DEP) has the authority under the Freshwater Wetlands Protection Act (the Wetlands Act), N.J.S.A. 13:9B-1 to -30, and the New Jersey Endangered and Nongame Species Conservation Act (the New Jersey Endangered Species Act), N.J.S.A. 23:2A-1 to -13, to designate and protect...

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