Search Rutgers Law Library N.J. Court Opinions

181 /usr/local/share/www/libweb/collections/courts/appellate/a5958-12xx.opn.html -- rank: 717

... individual permit under the Coastal Area Facility Review Act (CAFRA), N.J.S.A. 13:19-1 to -21. 2 The minor subdivision would be ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	94701

182 T1JDME ACQUISITIONS, LLC v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION -- rank: 717

... maximum extent practicable" is not defined. However, in accordance with N.J.S.A. 13:1D-111, a technical manual for each class of permit ... regulations relating to the filing and review of the application." N.J.S.A. 13:1D-111. Additionally, the manual does not implicate the APA ...

docket:	a3054-11
court:	NJ Superior Court Appellate Division
decided:	2014-05-13
status:	unpublished
citation:
Document Size:	38320

183 RAJESHWAR SINGH YADAV v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION LAND USE REGULATION -- rank: 717

... verification LOI pursuant to the Freshwater Wetlands Protection Act (FWPA), N.J.S.A. 13:9B-1 to -30, and its regulations, N.J.A ... claim they are exempt from the FWPA's requirements under N.J.S.A. 13:9B-4(d). In pertinent part, the statute provides an ... A-4035-15T2 been submitted prior to June 8, 1987.' N.J.S.A. 13:9B-4(d). The exemption, however, does not apply where ... Act[9] require a permit for any of these activities.' N.J.S.A. 13:9B-4. In that case, the DEP 'shall require a ... Protection, 278 N.J. Super. 108, 111 (App. Div. 1994), N.J.S.A. 13:9B-4 exempts projects that were approved prior to the ... the federal program,' id. at 111. As a result, the N.J.S.A. 13:9B- 4(d) exemption upon which petitioners rely does ...

docket:	a4035-15
court:	NJ Superior Court Appellate Division
decided:	2017-12-15
status:	unpublished
citation:
Document Size:	42596

184 IN THE MATTER OF BOROUGH OF SPRING LAKE COASTAL JURISDICTIONAL DETERMINATION 1300-04-0010.3 -- rank: 717

... a permit under the Coastal Area Facility Review Act (CAFRA), N.J.S.A. 13:19-1 to -21, and whether additional construction that extended ... aesthetic and recreational interests of all people of the State[.] [ N.J.S.A. 13:19-2.] CAFRA expressly requires that any development within the ... either (1) be conducted under a permit issued pursuant to N.J.S.A. 13:19-5 or -5.1, or (2) be an activity that is explicitly exempted from the permitting requirement by N.J.S.A. 13:19-5.2 or -5.3. There are statutory exceptions to the application of CAFRA's permit requirements. N.J.S.A. 13:19-5.2 identifies various activities for which a permit ... he reconstruction of any development that is damaged or destroyed," N.J.S.A. 13:19-5.2(b); (2) "[t]he enlargement of ...

docket:	a6034-12
court:	NJ Superior Court Appellate Division
decided:	2014-12-01
status:	unpublished
citation:
Document Size:	42285

185 MICHAEL PERLMUTTER v. TOWNSHIP OF TOMS RIVER PLANNING BOARD -- rank: 717

... individual permit under the Coastal Area Facility Review Act (CAFRA), N.J.S.A. 13:19-1 to -21. 2 The minor subdivision would be ...

docket:	a2814-11
court:	NJ Superior Court Appellate Division
decided:	2014-06-03
status:	unpublished
citation:
Document Size:	95188

186 MICHAEL PERLMUTTER v. TOWNSHIP OF TOMS RIVER PLANNING BOARD -- rank: 717

... individual permit under the Coastal Area Facility Review Act (CAFRA), N.J.S.A. 13:19-1 to -21. 2 The minor subdivision would be ...

docket:	a2958-12
court:	NJ Superior Court Appellate Division
decided:	2014-06-03
status:	unpublished
citation:
Document Size:	95188

187 DARWIN R. GRIFFITH v. STATE OF NEW JERSEY, DEPARTMENT OF ENVIRONMENTAL PROTECTION, -- rank: 717

... of amelioration pursuant to the Freshwater Wetlands Protection Act (FWPA), N.J.S.A. 13:9B-1 to -30, and more particularly 13:9B-22b ... temporary taking; and awarding plaintiff a counsel fee pursuant to N.J.S.A. 13:9B-2. Plaintiff's dealings from that point on were ... uplands site under the Coastal Area Facility Review Act (CAFRA), N.J.S.A. 13:19-1 to -21. CAFRA was first enacted in 1973 ... by DEP, for any construction in the coastal area. See N.J.S.A. 13:19-2. Pursuant to plaintiff's request, a pre- application ... interlocutory for an entirely different reason. We pointed out that N.J.S.A. 13:9B-22b of the FWPA provides that if the court ... supra , 300 N.J. Super. at 340:         One purpose of N.J.S.A. 13:9B-22b is obviously to avoid exposing the State ...

docket:	a6079-99
court:	njappellate
decided:	2001-05-15
status:	published
citation:	340 N.J. Super. 596
Document Size:	36659

188 In the Matter of Petition of New Jersey American Water Company, Inc., for an Increase in Rates for Water and Sewer Service and Other Tariff Modifications -- rank: 717

... See generally Executive Reorganization Plan No. 001-1994, reprinted in N.J.S.A. 13:1D-1 (outlining function of Ratepayer Advocate and comparing it ...

docket:	a-32-00
court:	njsupreme
decided:	2001-07-25
status:
citation:	169 N.J. 181
Document Size:	66361

189 NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION v. MARCAL PAPER MILLS, et al. -- rank: 715

... subject to regulation under the Solid Waste Management Act (SWMA), N.J.S.A. 13:1E-1 to -47, that the two appellants "were jointly ... a destination not authorized by the Department in violation of N.J.S.A. 13:1E-3, and therefore whether N.J.A.C. 7 ... accordance with [DEP] approvals and regulations," with specific references to N.J.S.A. 13:1E-2. The ALJ explained that these "policies do not ... including but not limited to, the Solid Waste Management Act, N.J.S.A. 13:1E-1 et seq., the Water Pollution Control Act, N ... conditions in the BUD, as accepted by Marcal, Marcal violated N.J.S.A. 13:1E-3 and cannot be regulated as such. Marcal further ... Top Soil had taken no corrective action for its violations. N.J.S.A. 13:1E-3 provides: "Solid waste" means garbage, refuse, and ...

docket:	a3551-06
court:	njappellate
decided:	2008-01-23
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	94008

190 Lawrence Russo, Jr. v. Borough of Carlstadt -- rank: 715

... Distribution "A" development. Municipal zoning is preempted by the HMDC. N.J.S.A. 13:17-11. The HMDC zoning allows the construction of warehouse ...

docket:	11631-93
court:
decided:	1997-04-21
status:
citation:	16 N.J. Tax 410
Document Size:	62862

191 /usr/local/share/www/libweb/collections/courts/appellate/a1374-20.opn.html -- rank: 715

... in the best interests of the citizens of the State. N.J.S.A. 13:1L-2. The DEP is authorized to grant persons or ... further the public's use and enjoyment of State lands. N.J.S.A. 13:1L-6. Accordingly, the DEP's regulations prohibit commercial enterprises ... Superior Court. See N.J.S.A. 2A:58-11; N.J.S.A. 13:1L-23(d) (allowing DEP to pursue civil penalties in ... authorized to promulgate regulations regarding reasonable use of State property. N.J.S.A. 13:1L-19. The Legislature has expressly granted the DEP authority ... the utilization of the lands for the public's benefit. [N.J.S.A. 13:1L-6(a).] A-1374-20 8 The DEP, in ... agreements to conduct commercial activities on State park lands. See N.J.S.A. 13:1L-6(a); N.J.S.A. 13:1L- ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	26034

192 /usr/local/share/www/libweb/collections/courts/appellate/a4357-16.opn.html -- rank: 713

... contract; relief under the New Jersey Environmental Cleanup Responsibility Act, N.J.S.A. 13:1K-6 to -13, replaced A-4357-16T4 5 Throughout ... several counts of the by the Industrial Site Recovery Act, N.J.S.A. 13:1K-6 to -14; fraud/concealment; and equitable relief. A ...

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court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	45008

193 ROBERT MOSS v. STATE OF NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION -- rank: 713

... Highlands Preservation Area requires review and approval by the DEP. N.J.S.A. 13:20-30. Certain activities within the Highlands Preservation Area are ... Highlands Act, including those conducted pursuant to a plan 1 N.J.S.A. 13:20-1 to -35. A-1607-19T2 2 approved by the DEP in accordance with N.J.S.A. 13:1L-31. N.J.S.A. 13:20- 28(a)(7). In 2015, the DEP prepared a ... accordance with an approved forest stewardship plan, in violation of N.J.S.A. 13:20- 28(a)(7). Further, plaintiff demanded judgment against the ... under color of the Plan are therefore in violation of N.J.S.A. 13:20-28(a)(7); c) Enjoining further such treatments ...

docket:	a1607-19
court:	NJ Superior Court Appellate Division
decided:	2020-11-02
status:	Unpublished
citation:
Document Size:	30781

194 IN RE AMICO/TUNNEL CARWASH -- rank: 711

... because the Hackensack Meadowlands Reclamation and Development Act (the Act), N.J.S.A. 13:17-1 to -94, which governs the NJMC, does not ... to a hearing to an objector to a variance application. N.J.S.A. 13:17-13 provides that "[t]he [NJMC] shall review and ... district, in accordance with procedures . . . adopted by resolution[.]" See also N.J.S.A. 13:17-18. Unlike the Municipal Land Use Law (MLUL), N ... NJMC to adopt its own procedures for reviewing such applications. N.J.S.A. 13:17-13 to -14.1. Although the procedural rules the ... Meadowland Reclamation and Development Act, like the Pinelands Protection Act, N.J.S.A. 13:18A-1 to -58, interpreted in In re Madin , does ...

docket:	a4656-02
court:	njappellate
decided:	2004-07-15
status:	published
citation:	371 N.J. Super. 199
Document Size:	31976

195 CASINO REINVESTMENT DEVELOPMENT AUTHORITY v. CHARLES BIRNBAUM -- rank: 711

... S.A. 5:10A-29; the New Jersey Meadowlands Commission, N.J.S.A. 13:17-34; condemnation for state colleges, N.J.S.A ...

docket:	a0019-16
court:	NJ Superior Court Appellate Division
decided:	2019-02-15
status:	Published
citation:	458 N.J.Super. 173 203 A.3d 939
Document Size:	56450