CTY. OF BERGEN v. BD. OF PUB. UTIL. COMM'RS


137 N.J. Super. 448 (1975)

349 A.2d 537

COUNTY OF BERGEN, A BODY POLITIC AND CORPORATE OF THE STATE OF NEW JERSEY, APPELLANT, v. BOARD OF PUBLIC UTILITY COMMISSIONERS, DEPARTMENT OF PUBLIC UTILITIES, STATE OF NEW JERSEY, RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided November 26, 1975.


Attorney(s) appearing for the Case

Mr. Michael J. Ferrara, County Counsel, attorney for appellant (Mr. John J. Langan, Jr. on the brief).

Mr. William F. Hyland, Attorney General, attorney for respondents Board of Public Utility Commissioners, Department of Public Utilities (Mr. Stephen Skillman, Assistant Attorney General, of counsel; Mr. Bertram P. Goltz, Jr., Deputy Attorney General, on the brief).

Mr. Stanley C. Van Ness, Public Advocate, attorney for respondent Division of Rate Counsel (Mr. William Gural, Director, Department of Public Advocate, Division of Rate Counsel, of counsel and on the brief).

Before Judges LYNCH, ACKERMAN and LARNER.


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

The County of Bergen operates refuse disposal sites in Lyndhurst and Ridgefield Park1 which are available to Bergen County municipalities, private garbage contractors doing business in the county, and Bergen County residents. In prior litigation it was determined that the county's operation of the disposal sites is subject to the jurisdiction of the Board of Public Utility Commissioners...

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