The NJDEP Commissioner’s issuance of a permit for development of waterfront property that would obscure panoramic view of New York City skyline from Lincoln Tunnel helix was reversed by the Appellate Division because agency rules required that such permits be issued by the Division of Coastal Resources, and DEP was bound to follow its own rules.

Argued and briefed by Gordon N. Litwin on behalf of Appellant American Littoral Society, Inc.

Read the opinion here.