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New Jersey Dep't of Environmental Protection v. Wagner

August 7, 2007

NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, PETITIONER-RESPONDENT,
v.
LEO H. WAGNER AND LEO WAGNER TRADING AS LH WAGNER REALTY CORPORATION, RESPONDENT-APPELLANT.



On appeal from New Jersey Department of Environmental Protection, PEA030002-1352-03-0017.1

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted April 17, 2007

Before Judges Payne and Graves.

Leo Wagner, individually and trading as LH Wagner Realty Corporation (Wagner), appeals from a final decision of the Commissioner of the Department of Environmental Protection (DEP), issued on April 21, 2006, imposing civil administrative penalties, in the amount of $6,000, for violation of the Freshwater Wetlands Protection Act, N.J.S.A. 13:9B-1 to -30, and requiring that disturbed areas be restored.

On appeal, Wagner raises the following arguments:

Issue 1

The finding of noncompliance is incorrect. Issue 2

The penalty calculations are defective. Issue 3

The ACO of October 31, 1996 is fraudulent. Issue 4

The DAG knowingly accepted wrong testimony. Issue 5

The ALJ knowingly accepted wrong testimony. Issue 6

The DEP Commissioner knowingly accepted ...


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