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11 N.J.A.R. 12

Pinelands Commission; Gerber, William J. v
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Citation: 11 N.J.A.R. 12
Decision Date: 1988
Agency: PINELANDS COMMISSION
Synopsis: Petitioner applied to the Pinelands Commission for a Waiver of Strict Compliance with sections of the Pinelands Comprehensive Man- agement Plan. The waiver was denied and petitioner requested a hearing. The appeal was transmitted to the Office of Administrative Law. Petitioner sought a waiver in order to subdivide a parcel of land. During the hearing testimony indicated that petitioner did not actually own the land in question. It had been promised to him by an employer, but the gift was never memorialized. Therefore, the administrative law judge concluded that petitioner could not satisfy the eligibility require- ment of N.J.A.C. 7:50-5.32(a)3i, which states that the applicant for development approval must establish ownership of' the land as of February 1979. Accordingly, the administrative law judge found that petitioner was not the real party in interest in this matter and granted the Com- mission's motion to dismiss the matter. Upon review, this initial decision was affirmed by the Pinelands Commission. Ernest DeStefano, Esq., for petitioner (DeMarco & DeStefano, attorneys) George P. Cook, Deputy Attorney General, for respondent (W. Cary Edwards, Attorney General of New Jersey attorney)
Rule(s) Cited: 7:50-1 et seq. 7:50-5.32(a)3i 
Statute(s) Cited: 25:1-5