DEP's assertion of CAFRA jurisdiction over appellant's proposed residential development based on a previously issued permit that plainly does not apply to the property is arbitrary and capricious and is reversed; with respect to the accuracy of the location of the mean high water line on its plans, appellant has raised a bona fide dispute regarding a material fact that will be dispositive of CAFRA jurisdiction and is entitled to an adjudicatory hearing to resolve the factual dispute.
October 24, 2005 at 12:00 AM
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