N.J. Department of Environmental Protection v. Huber, A-116 September Term 2010; Supreme Court; opinion by LaVecchia, J.; decided April 4, 2013. On certification to the Appellate Division. [Sat below: Judges Graves, Harris and Newman in the Appellate Division.] DDS No. 17-1-xxxx [56 pp.]
In this appeal, the court considers whether, consistent with the Fourth Amendment of the U.S. Constitution and Article I, Paragraph 7 of the N.J. Constitution, the N.J. Department of Environmental Protection (DEP) may conduct an administrative search of permit-restricted residential property under the Freshwater Wetlands Protection Act (FWPA), without a warrant; and whether there was sufficient evidence to sustain the finding that the FWPA was violated.
