STATE, DEPT. ENV. PRO. v. MIDLAND GLASS CO., INC.


145 N.J. Super. 108 (1976)

366 A.2d 1343

STATE OF NEW JERSEY, DEPARTMENT OF ENVIRONMENTAL PROTECTION, PLAINTIFF-RESPONDENT, v. MIDLAND GLASS COMPANY, INC., A CORPORATION OF THE STATE OF DELAWARE, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided November 17, 1976.


Attorney(s) appearing for the Case

Mr. Francis X. Journick argued the cause for appellant (Messrs. Wilentz, Goldman & Spitzer, attorneys; Messrs. Frank M. Ciuffani and Marvin J. Brauth on the brief).

Mr. Peter Herzberg, Deputy Attorney General, argued the cause for respondent (Mr. William F. Hyland, Attorney General of New Jersey, attorney; Mr. Stephen Skillman, Assistant Attorney General, of counsel; Mr. Thomas P. Weidner, Deputy Attorney General, on the brief).

Before Judges BISCHOFF, MORGAN and COLLESTER.


PER CURIAM.

In this appeal from an order granting partial summary judgment1 in favor of plaintiff, Department of Environmental Protection (Department), we are required to consider and resolve a narrow issue concerning the construction and applicability of N.J.S.A. 26:2C-9.2(a) and (c) containing the permit and certificate requirements of the Air Pollution Control Act, N.J.S.A. 26:2C-1 et seq., which requirements became...

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