TOWNSHIP OF WAYNE et al. v. DEPARTMENT OF ENVIRONMENTAL PROTECTION LAND USE REGULATION PROGRAM

 

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-0598-03T20598-03T2

TOWNSHIP OF WAYNE and

FARCAL REALTY, INC.,

Petitioners-Appellants,

v.

DEPARTMENT OF ENVIRONMENTAL PROTECTION

LAND USE REGULATION PROGRAM,

Respondent-Respondent.

______________________________________

 

Argued: November 29, 2005 - Decided:

Before Judges Kestin, Lefelt and Hoens.

On appeal from the Department of Environmental Protection, ESA-3922-01.

Robert H. Altshuler, attorney for appellant Township of Wayne, and Connell Foley, attorneys for appellant Farcal Realty, Inc. (Robert H. Altshuler and Kevin J. Coakley, of counsel and, with James P. Rhatican, on the joint brief).

Peter C. Harvey, Attorney General, attorney for respondent (Patrick DeAlmeida, Deputy Attorney General, of counsel; Rachel Horowitz, Deputy Attorney General, on the brief).

PER CURIAM

The Township of Wayne and its developer, Farcal Realty Inc. (Farcal), jointly appealed from the denial by the Department of Environmental Protection (the Department) of a freshwater wetlands permit for the proposed redevelopment of a tract of land owned by the Township. As the date for oral argument approached, the Township withdrew its appeal and informed us that its redevelopment contract with Farcal had expired and would not be renewed. Farcal has conceded "that it would be unfair and impractical to proceed with the appeal without the positive participation of Wayne Township." The Department has taken the position that Farcal "does not have standing to continue this appeal on its own[,]" and "that this matter has become moot and no longer presents a live controversy."

Accordingly, the appeal is dismissed with prejudice.

 

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A-0598-03T2

December 7, 2005