TRENTON— State Attorney General Anne Milgram intends to appeal the Nov. 19 Avalon v. New Jersey Department of Environmental Protection ruling by the state Appellate Division. Lee Moore, a press officer for the Office of the Attorney General, confirmed on Thursday, Dec. 18 that there is a petition for certification filed with the New Jersey Supreme Court indicating that intent.

In the recent ruling, the appellate court sided with the borough of Avalon and invalidated the DEP's public access requirements under the Shore Protection Program.

The borough of Avalon first challenged the rules in the Superior Court in November 2007, citing that they were vague and easily misinterpreted. Avalon received support from other government entities with its lawsuit against the NJDEP. The borough of Stone Harbor, Avalon’s seven-mile island neighbor, andCape May County, were present as friends of the court during the September arguments.

The Attorney General’s office is not commenting on the grounds for the appeal at the time.

“It is our hope that the Supreme Court will grant our petition,” Moore said.