BOROUGH OF GLASSBORO, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, AND THE BOARD OF HEALTH OF THE BOROUGH OF GLASSBORO, PLAINTIFFS-RESPONDENTS, AND BOROUGH OF CLAYTON, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, AND TOWNSHIP OF MONROE, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFFS-INTERVENORS-RESPONDENTS,
v.
GLOUCESTER COUNTY BOARD OF CHOSEN FREEHOLDERS AND THE COUNTY OF CAMDEN, DEFENDANTS, AND NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, ROBERT E. HUGHEY, COMMISSIONER OF THE NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, AND KINSLEY LANDFILL, INC., DEFENDANTS-RESPONDENTS, AND THE CITY OF PHILADELPHIA, DEFENDANT-APPELLANT, AND TOWNSHIP OF DEPTFORD, DEFENDANT-INTERVENOR-RESPONDENT.
The Supreme Court of New Jersey.https://leagle.com/images/logo.png
Argued May 7, 1985.
Decided July 10, 1985.
Attorney(s) appearing for the Case
Barbara W. Mather, City Solicitor, a member of the Pennsylvania bar, argued the cause for appellant (Tomar, Parks, Seliger, Siminoff & Adourian, attorneys; Steven K. Kudatzky and James Katz, of counsel and on the brief).
Joseph F. Lisa argued the cause for respondents Borough of Glassboro, etc., et al. and intervenors-respondents Borough of Clayton, etc., et al.
Paul H. Schneider, Deputy Attorney General, argued the cause for respondent New Jersey Department of Environmental Protection, et al. (Irwin I. Kimmelman, Attorney General of New Jersey, attorney; Michael R. Cole, First Assistant Attorney General, of counsel).
Timothy S. Haley argued the cause for intervenor-respondent Township of Deptford (Gordon & Gordon, attorneys).
Charles C. Carella submitted a brief on behalf of respondent Kinsley Landfill, Inc. (Carella, Byrne, Bain & Gilfillan, attorneys; Charles C. Carella and Brendan T. Byrne, of counsel and on the brief).
The Supreme Court of New Jersey.
The opinion of the Court was delivered by POLLOCK, J.
On this appeal, the City of Philadelphia (Philadelphia) asks us to review a preliminary injunction closing the Kinsley Landfill in Deptford Township, Gloucester County. Seven months ago, we denied Philadelphia's request for a stay of the injunction. 98 N.J. 186 (1984). Thereafter, a single United States Supreme Court Justice also denied Philadelphia's request for a stay.
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