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COUNTY OF WARREN v. STATE

DOCKET NO. A-4591-07T1.

978 A.2d 312 (2009)

409 N.J. Super. 495

COUNTY OF WARREN, a body politic and corporate of the State of New Jersey, Plaintiff, and David Shope, Hank Klumpp, Charles Shoop, Robert Best, Ruth Best, Andrew Drysdale, Lois Drysdale, Jerry W. Kern, and Sandra Kern, Plaintiffs-Appellants, v. STATE of New Jersey, New Jersey Department of Environmental Protection, New Jersey Highlands Water Protection and Planning Council, and New Jersey Water Supply Authority, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided September 4, 2009.

Attorney(s) appearing for the Case

Broscious, Fischer & Zaiter, for appellants (John M. Zaiter, Washington and Stephen H. Shaw, Newton, on the briefs).

Anne Milgram, Attorney General, for respondents State of New Jersey, Department of Environmental Protection, New Jersey Highlands Water Protection and Planning Council, and New Jersey Water Supply Authority (Lewis A. Scheindlin, Assistant Attorney General, of counsel; Barbara L. Conklin, Deputy Attorney General, on the brief).

Before Judges RODRÍGUEZ, PAYNE and WAUGH.

The opinion of the court was delivered by

WAUGH, J.A.D.

The individual plaintiffs appeal the dismissal of their declaratory judgment action against the State of New Jersey, the Department of Environmental Protection (DEP), the Highlands Water Protection and Planning Council (Council), and the New Jersey Water Supply Authority (Authority)1 (collectively, defendants). We affirm.

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