Laptop Battery A conclusion to the tale of the endangered turtle and the parking lot at the Land of Make Believe will have to wait. The case pitting Christopher Maier, owner of the Warren County amusement park, against Scott Angus, a state Department of Environmental Protection volunteer, found no solution yesterday in the Flemington courtroom of Superior Court Judge Roger Mahon.
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Thinkpad Following brief opening statements by Maier's attorney, Vincent Rickey, and Deputy Attorney General Jason Stypinski, who represents the DEP, Mahon ruled that the lawsuit would best be played out before an administrative law judge because it involves a state agency.
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Microsoft Maier filed the case against Angus in reaction to the volunteer's reported discovery last summer of a endangered box turtle that was said to be roaming near the parking lot of the theme park in Hope.
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Laptop Computers The find caused the DEP to investigate changing the wetlands designation of the site from "intermediate" to "exceptional." The latter designation would prohibit Maier from expanding his parking lot, putting his business in jeopardy, he said yesterday.
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Laptop Computer In his opening statement, Rickey argued that the DEP had no proof of the turtle's existence. "There's no affidavit," he said. He also cited an earlier acknowledgment by former DEP head Robert Shinn Jr. that no wood turtles existed on the lot.
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Desktop Computer Stypinski, meanwhile, argued that the wood turtle in question was discovered after Shinn's ruling and that precedence has been set, showing that the DEP may revise earlier wetlands designations based on new evidence.
Notebooks Neither Rickey nor Stypinski would comment about the case being moved to an administrative law judge's docket.
Lenovo By Eleanor Barrett
Star-Ledger - 4/17/2002
Topic: Endangered Species
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