STATE v. CULLEN

Docket No. A-3001-09T1

39 A.3d 208 (2012)

424 N.J. Super. 566

STATE of New Jersey, New Jersey Department of Environmental Protection, Plaintiffs-Appellants, v. Thomas CULLEN, T.C. Management, Inc., Bennett Mohin, Cherokee Camden, L.L.C., and Cherokee Pennsauken, L.L.C., Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided March 6, 2012.


Attorney(s) appearing for the Case

Jung W. Kim , Deputy Attorney General, argued the cause for appellants ( Paula T. Dow , Attorney General, attorney; Melissa Raksa , Assistant Attorney General, of counsel; Ms. Kim and Kevin P. Auerbacher , Deputy Attorney General, on the brief).

Michael O. Hill (Hill & Kehne) of the New York and Washington, D.C. bar, admitted pro hac vice, argued the cause for respondents Cherokee Pennsauken, L.L.C. and Cherokee Camden, L.L.C. (Sokol, Behot & Fiorenzo, and Mr. Hill , attorneys; Neil Yoskin , Princeton, of counsel and on the brief).

Christina N. Burgos argued the cause for respondents Thomas Cullen and T.C. Management, Inc. (Ginsberg & Burgos, P.L.L.C., attorneys, join in the brief of respondents Cherokee Pennsauken, L.L.C. and Cherokee Camden, L.L.C.).

Before Judges YANNOTTI, ESPINOSA and KENNEDY.


The opinion of the court was delivered by

YANNOTTI, J.A.D.

Plaintiff State of New Jersey, Department of Environmental Protection (DEP), filed a complaint in the Law Division against defendants Thomas Cullen (Cullen), T.C. Management, Inc. (TCM), Bennett Mohin (Mohin), Cherokee Camden L.L.C. and Cherokee Pennsauken, L.L.C. (collectively, Cherokee), alleging that they violated the Endangered and Nongame Species Conservation Act (ENSCA), N.J.S.A. 23:2A...

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