MATTER OF ORBAN

DOCKET No. A-3072-16T2.

218 A.3d 342 (2019)

461 N.J. Super. 57

In the MATTER OF THOMAS ORBAN/SQUARE PROPERTIES, LLC, Freshwater Wetlands General Permit 6 No. 1103-03-0003.1 Fww070001, Challenged by Save Hamilton Open Space.

Superior Court of New Jersey, Appellate Division.

Decided August 29, 2019.


Attorney(s) appearing for the Case

Stuart J. Lieberman argued the cause for appellant Save Hamilton Open Space (Lieberman & Blecher, PC, attorneys; Stuart J. Lieberman, of counsel and on the brief; Jordan Michael Asch , on the briefs).

Afiyfa Hakim Ellington argued the cause for respondent Thomas Orban/Square Properties, LLC (Giordano Halleran & Ciesla, PC, attorneys; Paul H. Schneider and Afiyfa Hakim Ellington, on the brief).

Bruce A. Velzy , Deputy Attorney General, argued the cause for respondent Department of Environmental Protection ( Gurbir S. Grewal , Attorney General, attorney; Jason Wade Rockwell , Assistant Attorney General, of counsel; Bruce A. Velzy, on the brief).

Deanna K. Tanner of the Pennsylvania bar, admitted pro hac vice, argued the cause for amicus curiae Delaware Riverkeeper and Delaware Riverkeeper Network ( Aaron Joseph Stemplewicz and Deanna K. Tanner, attorneys; Aaron Joseph Stemplewicz and Deanna K. Tanner, on the brief).

Before Judges Accurso, Vernoia and Moynihan.


The opinion of the court was delivered by

Save Hamilton Open Space (SHOS), a local citizens group, challenges the Department of Environmental Protection's issuance of a freshwater wetlands general permit 6 (GP6) to Thomas Orban/Square Properties, LLC in connection with the construction of a shopping center in Hamilton Township...

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