IN THE MATTER OF RIVERVIEW DEVELOPMENT, LLC,
WATERFRONT DEVELOPMENT PERMIT
NO. 0908-05-0004.3 WFD 060001
A-1843-08T3 01-27-10
Townhouse residents, whose views of the Hudson River and
the New York City skyline will be fully or partially blocked by
a proposed high-rise development, do not have the right to a
trial-type hearing in the Office of Administrative Law to
contest the high-rise developer's application to the Department
of Environmental Protection ("DEP") for a waterfront development
permit under the Coastal Zone Management Regulations, N.J.A.C.
7:7E-1.1 to -8A.5. We affirm the DEP Commissioner's
determination that such residents lack "a particularized
property interest sufficient to require a hearing on
constitutional or statutory grounds," as is necessary under
N.J.S.A. 52:14B-3.2c. However, such residents do have standing
to challenge on appeal the merits of the issued permit.
