Supporting Documentation · Apr 15, 2026
EXHIBIT A West Essex Highlands Inc
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Show all pagesIn re West Essex Highlands Inc. January 16, 2026 Order Denying Suspension Request Page 9 of 11 or (4) the findings on which it was based were not supported by substantial, credible evidence in the record.” Univ. Cottage Club of Princeton N.J. Corp. v. N.J. Dep’t of Env’t Prot., 191 N.J. 38, 48 (2007) (citing In xe Taylor, 158 N.J. 644, 656 (1999)); N.J. Highlands Coal. v. NJ. Dep’t of Env’t Prot., 456 N.J. Super. 590, 602 (App. Div. 2017). The court defers to an agency’s interpretation of rules within its sphere of authority, unless the interpretation is “plainly unreasonable.” In re Eastwick Coll. LPN-to-RN Bridge Program, 225 N.J. 533, 541 (2016). This deference is “even stronger when the agency [] has been delegated discretion to determine the specialized and technical procedures for its tasks.” In re Thomas Orban/Square Props., LLC, 461 N.J. Super. 57, 72 (App. Div. 2019) (quoting In re Freshwater Wetlands Gen. Permits, 372 NJ. Super. 578, 593 (App. Div. 2004) (quoting Newark v. Nat. Res. Council, Dept. of Eny’t. Prot., 82, N.J. 530, 540 (1980))). The reason for this is “that ‘the agency that drafted and promulgated the rule should know the meaning of that rule.’” In re Thomas Orban/Square Props. LLC, 461 N.J. Super. at 72 (quoting In re Freshwater Wetlands Gen. Permit No. 16, 379 N.J. Super. 331, 342 (App. Div. 2005) (internal citation omitted)). Accordingly, when the Department’s expertise is a factor, as it is here, the court defers to that expertise. In re Freshwater Wetlands Prot. Act Rules, 180 N.J. 478, 489 (2004). The Department possesses expertise with respect to the regulation of flood hazard areas and stormwater management at issue in this matter. In considering the subject permit application, the Department followed its FHA, FWW, and Stormwater rules and applied them to the substantial credible evidence in the record. As explained in the suspension discussion above, the Department considered the permitting record in its entirety, applied the relevant regulatory requirements and Stormwater BMP provisions, then used its extensive expertise to determine the Permit should be approved. Accordingly, WeCare is not likely to succeed on the merits of its claims.
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- Sep 29, 2026
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