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NEPTUNE v. STATE, DEPT. OF ENVIR.

No. A-5573-09T3.

41 A.3d 792 (2012)

425 N.J. Super. 422

TOWNSHIP OF NEPTUNE, Plaintiff-Appellant, v. STATE of New Jersey, DEPARTMENT OF ENVIRONMENTAL PROTECTION, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided April 26, 2012.

Attorney(s) appearing for the Case

Gene J. Anthony , Eatontown, attorney for appellant.

Jeffrey S. Chiesa , Attorney General, attorney for respondent ( Melissa H. Raksa , Assistant Attorney General, of counsel; Alison M. Reynolds , Deputy Attorney General, on the brief).

Before Judges MESSANO, YANNOTTI and KENNEDY.

The opinion of the court was delivered by

YANNOTTI, J.A.D.

On October 14, 2009, the Township of Neptune (Township) filed a complaint in the Law Division seeking an order requiring the State of New Jersey, Department of Environmental Protection (DEP), to "perform dredging" of State navigational channels within Shark River Bay by a date certain, and to provide a site for the temporary placement of the dredged materials. The trial court determined that the Appellate...

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