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 2 of 11 BACKGROUND West Essex proposed a multi-residential development, including the construction of seven buildings, roadways and parking areas, stormwater management measures, and other site alterations on Block 179, Lot 32 and Block 179.17, Lots 8 and 9 in West Orange Township, Essex County. West Essex sought a FHA permit, FWW permit 10B, 11, and 17, and a Water Quality Certificate from the Department. On November 15, 2024, the Department issued the Permit (Permit No. 0722-04-0001.1 LUP230001) authorizing construction, pursuant to the Flood Hazard Area Control Act Rules, N.J.A.C. 7:13-1.1(6), and the Freshwater Wetlands Protection Act Rules, NIAC. 7:7A-1. 1a). On December 24, 2024, WeCare requested a third-party administrative hearing to challenge the Permit, as well as a request for stay of the contested permit conditions. On January 30, 2025, the Department denied the third-party hearing request. As to the stay request, however, the Department concluded that “should Petitioner further appeal this matter and still desire a stay, Petitioner may re-submit a stay request to the Department pursuant to Rule 2:9-7.”2 On February 6, 2025, WeCare appealed the Permit and the Department’s third-party hearing denial to the Appellate Division of the New Jersey Superior Court (In the Matter of Flood Hazard Area and Freshwater Wetlands Permit Issued to West Essex Highlands Inc., Docket No. A-1644-24). On May 7, 2025, WeCare sent the Department a letter seeking the suspension of the Permit. WeCare’s letter cited to a report by consultant Princeton Hydro, LLC (the “consultant”) which 1 Upon information and belief, the West Essex proposed development is currently under review by the West Orange Township Planning Board. ? Rule 2:9-7 Temporary Relief in Administrative Proceedings, provides “[oJn or after the filing with the Appellate Division of a notice of appeal or of a notice of motion for leave to appeal from a state administrative agency or officer, a motion for ad interim relief or for a stay of the decision, action or rule under review shall be made in the first instance to the agency whose order is appealed from and, if denied, to the Appellate Division.”
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- Sep 29, 2026
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