State v. Stavola

At issue in these consolidated appeals is the applicability of the Coastal Area Facility Review Act (CAFRA), N.J.S.A. 13:19-1, et seq., to beach clubs which construct or reconstruct cabanas *215with individual amenities. The trial judge concluded that the structures then being built by respondents were not included in the statutory definition of “facility” and refused to order injunctive relief. We now reverse and remand to the Department of Environmental Protection.

The appeals come to us from the trial judge’s refusal to grant injunctive relief, rather than from agency action (R. 2:2—3(a)(2)),…