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6 N.J.A.R. 258

Pinelands Commission; Orleans Builders and Developers v
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Citation: 6 N.J.A.R. 258
Decision Date: 1980
Synopsis: Petitioner's application for a planned unit development in the protected area of the Pinelands was denied by the Pinelands Com- mission and petitioner requested a hearing. The administrative law judge assigned to the case found that the parties had stipulated that petitioner had suffered 'extraordinary hardship' within the meani,ng of the Pinelands Protection Act and that the only question remaining for the hearing was whether the development would substantially impair the resources of the Pinelands. The judge concluded that substantial impairment would not arise from the mere violation of a standard set out in regulation, but would require a subjective assessment of the degree of the violation and its relation to other violations. Applying this standard, the judge affirmed the denial of the appli- cation in part but determined that other sections could be developed because of a slight impact on water qual{ty and the unavailablilty of the area as a wildlife habitat. Frank H. Wiesnewski, Esq. for petitioner William H. Lorentz, Deputy Attorney General for respondent (John J'. Degnan, Attorney General of New Jersey, attorney) Mary C. Jacobson, Deputy Attorney General for respondent (John J. Degnan, Attorney General of New Jersey, attorney) State of New Jersey 259
Citation Tracker adopted-Pinelands Commission; dism.-186 N.J. Super. 432 (App. Div. 1982) [Updated through 1991]