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STATE, PUB. UTILITIES BD. v. HELEN KRAMER SAN. LANDFILL

171 N.J. Super. 500 (1979)

410 A.2d 70

STATE OF NEW JERSEY, BOARD OF PUBLIC UTILITIES, PLAINTIFF-RESPONDENT, v. HELEN KRAMER SANITARY LANDFILL, D/B/A KRAMER LANDFILL, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided December 18, 1979.

Attorney(s) appearing for the Case

Vincent J. Dotoli argued the cause for appellant.

Blossom A. Peretz, Deputy Attorney General, argued the cause for respondent (John J. Degnan, Attorney General of New Jersey, attorney; Erminie L. Conley, Assistant Attorney General, of counsel; Blossom A. Peretz, on the brief).

Before Judges ALLCORN, MORGAN and HORN.

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

We consider in this appeal whether the State Board of Public Utilities (BPU or Board) has jurisdiction over the hours during which a landfill, holding a certificate of convenience and necessity, may operate. The landfill would deny BPU that power.

An abbreviated history of this accelerated appeal is necessary to a full understanding of what this issue comprehends. On May 7, 1971 the Helen Kramer Sanitary...

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