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HUGHES v. TP. OF EWING

137 N.J. Super. 119 (1975)

348 A.2d 199

LEO F. HUGHES, 3RD, A CITIZEN AND TAXPAYER OF THE TOWNSHIP OF EWING, COUNTY OF MERCER AND STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. TOWNSHIP OF EWING, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, AND THE CITY OF TRENTON, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided November 6, 1975.

Attorney(s) appearing for the Case

Mr. Arthur Meisel argued the cause for appellant (Messrs. Jamieson, McCardell, Moore, Peskin & Spicer, attorneys; Mr. Herbert F. Moore, of counsel).

Messrs. Dietrich, Allen & St. John, attorneys for respondent Township of Ewing (Mr. Charles P. Allen, Jr., of counsel and on the brief).

Mr. George T. Dougherty, City Attorney, argued the cause for respondent City of Trenton.

Before Judges KOLOVSKY, BISCHOFF and BOTTER.

The opinion of the court was delivered by BISCHOFF, J.A.D.

Defendants Township of Ewing and the City of Trenton on December 31, 1974 entered into a contract for the construction, operation, maintenance and management of a solid waste transfer facility to be located in Ewing Township. Plaintiff, a citizen of the Township of Ewing, filed a complaint in lieu of prerogative writs seeking a temporary and permanent injunction...

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