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IN RE ISSUANCE OF ACCESS CON. LOT

No. A-0605-09T3.

8 A.3d 820 (2010)

417 N.J. Super. 115

In the Matter of the ISSUANCE OF ACCESS CONFORMING LOT PERMIT NO. A-17-N-N040-2007 by the New Jersey Department of Transportation for Block 136, Lots 2 and 3 in Mahwah Township, New Jersey.

Superior Court of New Jersey, Appellate Division.

Decided December 9, 2010.

Attorney(s) appearing for the Case

Robert A. Kasuba argued the cause for appellant Paks Fast Service, Inc. (Sills, Cummis & Gross, attorneys; Mr. Kasuba and Kevin J. Moore , Princeton, of counsel and on the briefs).

James L. Lott, Jr. , argued the cause for respondents Pilot Corporation, Pilot Travel Centers, LLC and Mahwah Management, LLC (Riker, Danzig, Scherer, Hyland & Perretti, attorneys; Mr. Lott , of counsel and on the brief; Scott L. Carlson and Diane N. Hickey , Morristown, on the brief).

Debbie J. Thompson , Deputy Attorney General, argued the cause for respondent New Jersey Department of Transportation ( Paula T. Dow , Attorney General, attorney; Lewis A. Scheindlin , Assistant Attorney General, of counsel; Ms. Thompson, on the brief).

Before Judges SKILLMAN, PARRILLO and ESPINOSA.

The opinion of the court was delivered by

SKILLMAN, P.J.A.D.

The dispositive issue presented by this appeal is whether the Department of Transportation (DOT) is required, in reviewing an application for a highway access permit under the State Highway Access Management Act (Access Act), N.J.S.A. 27:7-89 to -98, to consider data and arguments submitted by a party who objects to issuance of the permit. We conclude that the Administrative Procedure Act...

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