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State of New Jersey, Dep't of Environmental Protection v. Seegers

August 5, 2008

STATE OF NEW JERSEY, DEPARTMENT OF ENVIRONMENTAL PROTECTION, PLAINTIFF-RESPONDENT,
v.
THOMAS SEEGERS, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Ocean County, L-3819-05.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued April 9, 2008

Before Judges Payne and Messano.

Defendant Thomas Seegers appeals from an order, entered following a bench trial, determining that he had violated provisions of the Coastal Wetlands Act of 1970, N.J.S.A. 13:9A-1 to -10, by filling protected land without a permit, fining him $750 and requiring that he return the property to its previous state. On appeal, defendant presents the following arguments:

Point I

THE STATE FAILED TO PROVE NOTICE COMPLIANCE OF [N.J.S.A.] 13:9A-1 TO 13:9A-10 WHICH WAS A JURISDICTIONAL PREREQUISITE TO AN ENFORCEMENT ACTION.

Point II

THE TRIAL COURT ERRED IN FAILING TO APPLY THE HOLDINGS IN VELSICOL CHEMICAL CORPORATION v. DEPARTMENT OF ENVIRONMENTAL PROTECTION TO THIS CASE.

Point III

THE APPELLANT CONTENDS THAT THE GRANT DEED FROM THE STATE ESTABLISHED, EXCEPT FOR 523 SQ. FT. OF FORM[ERLY] TIDAL STREAM, THE APPELLANT'S PROPERTY WAS UPLANDS AND NOT SUBJECT TO COASTAL WETLANDS REGULATIONS.

Point IV

THE COURT WRONGFULLY REFERENCED PHOTOGRAPHS THAT THE STATE CHOSE NOT TO ...


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