TOWNSHIP
OF NEPTUNE VS. STATE OF NEW JERSEY
A-5573-09T3
In this case, the Township of
Neptune sought a judgment declaring that the New Jersey Department of
Environmental Protection (NJDEP) was required to dredge the State navigational channels
in Shark River Bay by a date certain and identify a
site
for the temporary placement of the dredged materials. We conclude that: (1) the
Appellate Division has exclusive jurisdiction to consider this claim of agency
inaction and a
remand
is not required to compile a factual record; (2) mandamus will not lie to
compel the NJDEP to exercise its discretion in the specific manner requested; and
(3) relief is not warranted on the basis of implied contract, equitable estoppel,
the public trust doctrine, or public nuisance. 04-26-12
