Decided: January 12, 1995.
M. ALFIERI CO., INC., APPELLANT-APPELLANT,
STATE OF NEW JERSEY, DEPARTMENT OF ENVIRONMENTAL PROTECTION AND ENERGY, RESPONDENT-RESPONDENT.
On certification to the Superior Court, Appellate Division, whose opinion is reported at 269 N.J. Super. 545 (1994).
Chief Justice Wilentz and Justices Handler, Pollock, O'hern, Garibaldi, and Stein join in this opinion. Justice Clifford did not participate.
[138 NJ Page 643]
The judgment is affirmed, substantially for the reasons expressed in the opinion of the Appellate Division, reported at 269 N.J. Super. 545 (1994).
CHIEF JUSTICE WILENTZ and JUSTICES HANDLER, POLLOCK, O'HERN, GARIBALDI, and STEIN join in this opinion. JUSTICE CLIFFORD did not participate.