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CHESTER TP. v. ENVIRONMENTAL PROTECTION DEP'T

181 N.J. Super. 445 (1981)

438 A.2d 334

TOWNSHIP OF CHESTER, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, APPELLANT, v. DEPARTMENT OF ENVIRONMENTAL PROTECTION OF THE STATE OF NEW JERSEY AND COMBE FILL CORPORATION, RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided October 26, 1981.

Attorney(s) appearing for the Case

Phillip F. Guidone, argued the cause for appellant (Beck, Reichstein & Guidone, attorneys).

Dennis J. Krumholz, Deputy Attorney General, argued the cause for respondent Department of Environmental Protection of the State of New Jersey (James R. Zazzali, Attorney General, and John J. Degnan, former Attorney General, attorneys; Erminie L. Conley, Assistant Attorney General, of counsel; Dennis J. Krumholz, on the brief).

A brief was filed on behalf of respondent Combe Fill Corporation by Connell, Foley & Geiser, attorneys (Kevin J. Coakley, of counsel; Robert J. Kelly, on the brief).

Before Judges FRITZ, ARD and TRAUTWEIN.

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

The Township of Chester (township) appeals from the decision of the Department of Environmental Protection (DEP) granting approval to Combe Fill Corporation (Combe Fill) to construct a 1,050-foot access road to its sanitary landfill in the township. Appellant contends that the provisions of its zoning ordinance requiring site plan approval and an environmental impact statement are "interstitial" interests not preempted...

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