KEARNY v. JERSEY CITY INCINERATOR AUTH.


140 N.J. Super. 279 (1976)

356 A.2d 51

TOWN OF KEARNY, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF, v. JERSEY CITY INCINERATOR AUTHORITY; HUDSON JERSEY SANITATION CO., A CORPORATION OF THE STATE OF NEW JERSEY; MUNICIPAL SANITARY LANDFILL AUTHORITY, A JOINT VENTURE DOING BUSINESS IN THE STATE OF NEW JERSEY, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided March 10, 1976.


Attorney(s) appearing for the Case

Mr. Norman A. Doyle, Jr. for the plaintiff (Messrs. Doyle & Brady, attorneys).

Mr. Lewis M. Holland for defendant (Messrs. Chasan, Leyner, Holland & Tarrant, attorneys).

Mr. Edwin N. Gross for the Municipal Sanitary Landfill Authority (Messrs. Starr, Weinberg & Fradkin, attorneys).


KENTZ, J.S.C.

The Town of Kearny brings this action seeking to enjoin the dumping of solid wastes originating in Jersey City onto a landfill in Kearny. The landfill site whereon the wastes are deposited is operated by defendant Municipal Sanitary Landfill Authority (MSLA) under a lease from Kearny. The wastes are transported in trucks by defendant Hudson Jersey Sanitation Co. under a contract with defendant Jersey City Incinerator Authority (Authority) which formerly...

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