Walsh Trucking Co. v. Hackensack Meadowlands Dist. Const. Bd. of Appeals

• Court: New Jersey Superior Court – Appellate Division
• Writing for the Court: BRODY
• Citation: 240 N.J.Super. 525,573 A.2d 951
• Parties: WALSH TRUCKING COMPANY, Plaintiff-Appellant, v. HACKENSACK MEADOWLANDS DISTRICT CONSTRUCTION BOARD OF APPEALS, Defendant-Respondent.
• Decision Date: 19 April 1990

Page 525

240 N.J.Super. 525 573 A.2d 951 WALSH TRUCKING COMPANY, Plaintiff-Appellant,
v.
HACKENSACK MEADOWLANDS DISTRICT CONSTRUCTION BOARD OF
APPEALS, Defendant-Respondent. Superior Court of New Jersey,
Appellate Division. Argued Feb. 26, 1990.
Decided April 19, 1990.

Page 526

William J. Wolf argued the cause for plaintiff-appellant (Bathgate, Wegener, Wouters & Neumann, attorneys; William J. Wolf, Lakewood, on the brief).

Eliaser Chaparro, Deputy Atty. Gen., argued the cause for defendant-respondent (Robert J. Del Tufo, Atty. Gen., attorney; Mary C. Jacobson, Deputy Atty. Gen., of counsel; Eliaser Chaparro, on the brief).

Before Judges BRODY and SKILLMAN.

The opinion of the court was delivered by

BRODY, J.A.D.

These two consolidated appeals arise from a decision by the Hackensack Meadowlands District Construction Board of Appeals (Board) affirming a joint administrative order issued by the Construction Official of the Township of North Bergen and the Deputy Chief Engineer for the Hackensack Meadowlands Development Commission (Commission). The order directs plaintiff to augment the sprinkler system in a commercial building it leases in North Bergen. Plaintiff contended in its appeal to the Board that the existing sprinkler system[573 A.2d 952] is adequate and fully complies with all applicable building codes.

Plaintiff appealed the Board's adverse decision to the Law Division in an action in lieu of prerogative writs. The Law Division ruled that the Board was a state agency and therefore transferred the matter to this court to be heard under our authority to review the final decision of a state administrative agency. R. 2:2-3(a)(2). Plaintiff appeals from the order of transfer and from the Board's determination. We are satisfied that the Board is a local and not a state administrative agency and therefore we must transfer the matter back to the Law Division.

Page 527

North Bergen is one of the 14 municipalities in Bergen and Hudson Counties in which the Hackensack Meadowlands District (District) lies. The legislative purpose in creating the District was to provide for the orderly and environmentally sound reclamation and development of the meadowlands of the lower Hackensack River basin. N.J.S.A. 13:17-1. The Legislature established the Commission as "a political subdivision of the State," N.J.S.A. 13:17-5(a), to manage the affairs of the District, N.J.S.A. 13:17-6.

Responding to a different concern, the Legislature provided for...