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NJ DEPT. OF ENVIR. PROT. v. HUBER

A-116 September Term 2010, 065540

63 A.3d 197 (2013)

213 N.J. 338

NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, Plaintiff-Respondent, v. Robert and Michelle HUBER, Defendants-Appellants.

Supreme Court of New Jersey.

Decided April 4, 2013.

Attorney(s) appearing for the Case

Howard P. Davis , Englewood Cliffs, argued the cause for appellants (Mr. Davis , attorney; Mr. Davis , Anne M. Ronan , Deborah J. Ritter , Princeton, Joanne C. Kalas , and Eric M. Grille , on the briefs).

Gary W. Wolf, II , Deputy Attorney General, argued the cause for respondent ( Jeffrey S. Chiesa , Attorney General of New Jersey, attorney; Melissa H. Raksa , Assistant Attorney General, of counsel; Mr. Wolf and Ms. Raksa , on the briefs).

Justice LaVECCHIA delivered the opinion of the Court.

The New Jersey Legislature passed the Freshwater Wetlands Protection Act (FWPA or the Act) in 1987 as a means of protecting and regulating New Jersey's sensitive freshwater wetlands. N.J.S.A. 13:9B-1 to -30; In re Freshwater Wetlands Prot. Act Rules, 180 N.J. 478, 482, 852 A.2d 1083 (2004). The Legislature pronounced it to be of public...

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