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DRAGON v. NEW JERSEY DEPT. OF ENVIRONMENTAL PROTECTION

DOCKET NO. A-5743-06T2

965 A.2d 209 (2009)

405 N.J. Super. 478

Albert DRAGON and Barbara Dragon, Petitioners-Appellants, v. New Jersey DEPARTMENT OF ENVIRONMENTAL PROTECTION, Land Use Regulation Program, and Edward W. Kelly, Jr., Respondents-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided March 6, 2009.

Attorney(s) appearing for the Case

Stephen Hankin, Atlantic City, argued the cause for appellants (Hankin, Sandman & Palladino, attorneys; Mr. Hankin, on the brief).

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

John F. Spinello, Jr., Newark, argued the cause for respondent Edward W. Kelly, Jr. (K & L Gates, attorneys; Mr. Spinello, on the brief).

Before Judges PARRILLO, LIHOTZ and MESSANO.

The opinion of the court was delivered by

PARRILLO, J.A.D.

This matter concerns the parameters of an administrative agency's discretion to settle a third-party permit challenge. Appellants Albert and Barbara Dragon (Dragons) are objectors to a settlement agreement between their next-door neighbor, respondent Edward W. Kelly, Jr. (Kelly), and the New Jersey Department of Environmental Protection (DEP), which authorized Kelly to tear down and reconstruct his...

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