HACKENSACK MEADOWLANDS v. MUN. LANDFILL AUTH.


68 N.J. 451 (1975)

348 A.2d 505

HACKENSACK MEADOWLANDS DEVELOPMENT COMMISSION AND STATE OF NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, PLAINTIFFS-APPELLANTS, v. MUNICIPAL SANITARY LANDFILL AUTHORITY, A JOINT VENTURE OF WILLIAM A. KEEGAN, INC., RECLAMATION AND IMPROVEMENT CO., PETER ROSELLE & SONS, INC. AND DELAWARE SANITARY CO., DEFENDANTS-RESPONDENTS, AND CITY OF YONKERS, NEW YORK, DEFENDANT-INTERVENOR-RESPONDENT. CITY OF PHILADELPHIA, ETC., ET ALS, PLAINTIFFS-RESPONDENTS, AND JOHN P. FAZZIO LANDFILL, INC., T/A JOHN P. FAZZIO LANDFILL CO., ET AL, PLAINTIFFS-INTERVENORS-RESPONDENTS, v. STATE OF NEW JERSEY, ET AL, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided November 18, 1975.


Attorney(s) appearing for the Case

Mr. Stephen Skillman, Assistant Attorney General, argued the cause for defendants-appellants (Mr. William F. Hyland, Attorney General of New Jersey, attorney; Mr. Skillman, of counsel; Mr. Mark L. First, Deputy Attorney General, on the brief).

Mr. Herbert F. Moore argued the cause for plaintiffs-respondents, City of Philadelphia, etc., et al (Messrs. Jamieson, Walsh, McCardell, Moore and Peskin, attorneys; Mr. Moore, of counsel; Mr. Arthur Meisel, on the brief).

Mr. Vincent J. Dotoli argued the cause for plaintiffs-intervenors-respondents, John P. Fazzio, Inc., t/a John P. Fazzio Landfill Co., et al.

Mr. David Samson argued the cause for defendants-respondents, Municipal Sanitary Landfill Authority, etc. (Messrs. Leib, Wolff and Samson, attorneys).

Mr. Stephen Skillman, Assistant Attorney General, argued the cause for plaintiffs-appellants (Mr. William F. Hyland, Attorney General of New Jersey, attorney; Mr. Skillman, of counsel; Mr. Mark L. First, Deputy Attorney General, on the brief).


The opinion of the Court was delivered by MOUNTAIN, J.

These proceedings involve the joint review of two separate cases. In one case the judgment was entered pursuant to an opinion rendered in Hackensack Meadowlands Development Commission v. Municipal Sanitary Landfill Authority, 127 N.J.Super. 160 (Ch. Div. 1974). In the other, judgment was entered following the rendition of an oral opinion in a suit brought by the...

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