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BD. OF CHOSEN FREEHOLDERS OF ESSEX CTY. v. O'HERN

161 N.J. Super. 274 (1978)

391 A.2d 585

BOARD OF CHOSEN FREEHOLDERS OF ESSEX COUNTY AND ESSEX COUNTY IMPROVEMENT AUTHORITY, A BODY CORPORATE AND POLITIC OF THE STATE OF NEW JERSEY, PLAINTIFF, v. DANIEL O'HERN, COMMR. OF THE DEPARTMENT OF ENVIRONMENTAL PROTECTION, NEW JERSEY SOLID WASTE ADMINISTRATION, CITY OF NEWARK, A MUNICIPAL CORPORATION, AND COMBUSTION EQUIPMENT ASSOCIATES, INC., A NEW YORK CORPORATION, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided June 9, 1978.

Attorney(s) appearing for the Case

Mr. Michael Perle, attorney for plaintiffs.

Mr. Nathan M. Edelstein, Deputy Attorney General, for defendants Daniel O'Hern and New Jersey Solid Waste Administration (Mr. John J. Degnan, Attorney General, attorney).

Mr. Kevin J. Coakley (Messrs. McElroy, Connell, Foley & Geiser, attorneys), and Mr. Joseph F. Kelly, Jr. (Messrs. Townley and Updike, attorneys), for defendant Combustion Equipment Associates.

Mr. William J. Schwartz, Assistant Corporation Counsel, for defendant City of Newark (Mr. Salvatore Perillo, Corporation Counsel, attorney).

MARZULLI, J.S.C.

This case arises by way of a complaint in lieu of prerogative writs. All defendants have joined in a motion for dismissal of plaintiff's complaint, asserting that this court lacks jurisdiction to hear an appeal from the decision of a state agency. Briefly stated, the contentions are as follows:

The County of Essex, through its board of freeholders and the Essex County Improvement Authority (hereinafter, plaintiffs), have asked this court to...

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