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GLASSBORO v. GLOUCESTER COUNTY BD. OF CHOSEN FREEHOLDERS

199 N.J. Super. 91 (1985)

488 A.2d 562

GLASSBORO, ET AL., PLAINTIFFS, v. GLOUCESTER COUNTY BOARD OF CHOSEN FREEHOLDERS, NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, KINSLEY LANDFILL, INC., THE CITY OF PHILADELPHIA AND THE COUNTY OF CAMDEN, DEFENDANTS, AND TOWNSHIP OF DEPTFORD, DEFENDANT-INTERVENOR.

Superior Court of New Jersey, Appellate Division.

Decided February 15, 1985.

Attorney(s) appearing for the Case

Tyler Wren of the Pennsylvania Bar, admitted pro hac vice, argued the cause for appellant City of Philadelphia (Tomar, Parks, Seliger, Simonoff & Adourian, attorneys; Steven Kudatsky, of counsel and on the brief).

Joseph F. Lisa argued the cause for respondents Borough of Glassboro, Borough of Glassboro Board of Health, Borough of Clayton and Township of Monroe.

Paul H. Schneider, Deputy Attorney General, argued the cause for respondents New Jersey Department of Environmental Protection and Commissioner Robert E. Hughey (Irwin I. Kimmelman, Attorney General of New Jersey, attorney; Michael R. Cole, First Assistant Attorney General, of counsel).

Bruce C. Hasbrouck argued the cause for respondent County of Gloucester.

Timothy S. Haley argued the cause for respondent Deptford Township (Gordon and Gordon, attorneys).

Edward J. Egan argued the cause for respondent Kinsley Landfill.

Richard Hluchan argued the cause for appellant Hancock Waste Removal (Sterns, Herbert & Weinroth, attorneys).

Before Judges KING, DEIGHAN and BILDER.

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

In this case we must decide if a judicial order, based on emergency sanitation concerns, which bars any person or entity located outside the Southern New Jersey tricounty area of Salem, Gloucester and Camden Counties from using a privately-owned, state-regulated landfill (Kinsley) violates the Commerce Clause of the federal constitution. U.S. Const. Art. I, § 8, c. 3.1

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