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New Jersey State Federation of Sportsmen's Clubs, Inc. v. New Jersey Dep't of Environmental Protection

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


November 22, 2006

NEW JERSEY STATE FEDERATION OF SPORTSMEN'S CLUBS, INC. ET AL.
v.
NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, ET AL.

The opinion of the court was delivered by: Edwin H. Stern, P.J.A.D.

ORDER ON EMERGENT APPLICATION

MOTION NO. M-

BEFORE PART: H JUDGE(S): STERN

COLLESTER SABATINO

EMERGENT APPLICATION

FILED: BY: NEW JERSEY STATE

FEDERATION OF SPORTSMEN'S CLUBS INC., ET AL.

ANSWER(S) FILED: BY: DEPARTMENT OF ENVIRONMENTAL PROTECTION

APPEARANCE ONLY: (AS AMICUS) BY: NEW JERSEY ANIMAL RIGHTS ALLIANCE

ARGUED ORALLY NOVEMBER 21ST, 2006

ORDER

THIS MATTER HAVING BEEN DULY PRESENTED TO THE COURT, IT IS ON THIS 22ND DAY OF NOVEMBER, 2006, HEREBY ORDERED AS FOLLOWS:

EMERGENT APPLICATION FOR AD INTERIM TERM RELIEF GRANTED DENIED OTHER ( ) (X) (X)

SUPPLEMENTAL: The application for emergent relief is denied, particularly in the absence of a demonstration of irreparable harm and the unsettled nature of the legal issues. See, e.g., U.S. Sportsmen's Alliance v. New Jersey Department of Environmental Protection, 182 N.J. 461, 476-77 (2005) (referring to Administrative Procedure Act); Crowe v. DeGioia, 90 N.J. 126 (1982). The appeal shall proceed in the ordinary course. Either party may apply to this court for an order remanding the matter to the Department of Environmental Protection for further proceedings.

20061122

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