STATE OF NEW JERSEY, DEPARTMENT OF ENVIRONMENTAL PROTECTION, PLAINTIFF,
v.
MIDDLESEX COUNTY BOARD OF CHOSEN FREEHOLDERS, SOMERSET COUNTY BOARD OF CHOSEN FREEHOLDERS, UNION COUNTY BOARD OF CHOSEN FREEHOLDERS, MERCER COUNTY BOARD OF CHOSEN FREEHOLDERS, HUNTERDON COUNTY BOARD OF CHOSEN FREEHOLDERS, MONMOUTH COUNTY BOARD OF CHOSEN FREEHOLDERS AND HUDSON COUNTY BOARD OF CHOSEN FREEHOLDERS, DEFENDANTS,
v.
MORRIS COUNTY BOARD OF CHOSEN FREEHOLDERS, GLOUCESTER COUNTY BOARD OF CHOSEN FREEHOLDERS, CAMDEN COUNTY BOARD OF CHOSEN FREEHOLDERS, PASSAIC COUNTY BOARD OF CHOSEN FREEHOLDERS, ATLANTIC COUNTY BOARD OF CHOSEN FREEHOLDERS, OCEAN COUNTY BOARD OF CHOSEN FREEHOLDERS, SUSSEX COUNTY BOARD OF CHOSEN FREEHOLDERS, WARREN COUNTY BOARD OF CHOSEN FREEHOLDERS, AND HACKENSACK MEADOWLANDS DEVELOPMENT COMMISSION, THIRD PARTY DEFENDANTS.
Superior Court of New Jersey, Chancery Division Middlesex County.https://leagle.com/images/logo.png
Decided June 12, 1985.
Decided June 12, 1985.
Attorney(s) appearing for the Case
Paul H. Schneider, Deputy Attorney General, for plaintiff (Irwin I. Kimmelman, Attorney General of New Jersey, attorney).
Linda Hatt for defendant Middlesex County Board of Chosen Freeholders (John J. Hoagland, Middlesex County Counsel, attorney).
William E. Ozzard, Somerset County Counsel, for defendant Somerset County Board of Chosen Freeholders (Ozzard, Rizzolo, Klein, Mauro & Savo, attorneys).
Robert C. Doherty, Union County Counsel, for defendant Union County Board of Chosen Freeholders.
Paul T. Koenig, Jr., Mercer County Counsel, for defendant Mercer County Board of Chosen Freeholders (Arnold C. Lakind, of counsel and on the brief).
Gaetano M. DeSapio, Hunterdon County Counsel, for defendant Hunterdon County Board of Chosen Freeholders.
Frank T. Koserowski for defendant Hudson County Board of Chosen Freeholders (Joseph V. Kealy, Jr., Acting Hudson County Counsel, attorney).
Herbert M. Strulowitz for third party defendant Morris County Board of Chosen Freeholders (Armand L. D'Agostino, Morris County Counsel, attorney).
Erwin G. Goovaerts for third party defendant Sussex County Board of Chosen Freeholders (Donald L. Kovach, Sussex County Counsel, attorney).
Peter E. Markens, Deputy Attorney General, for third party defendant Hackensack Meadowlands Development Commission (Irwin I. Kimmelman, Attorney General of New Jersey, attorney).
Superior Court of New Jersey, Chancery Division Middlesex County.
SKILLMAN, J.S.C.
The primary issue before the court is whether the New Jersey Department of Environmental Protection (DEP) may sue a county for its alleged failure to adopt an adequate solid waste management plan in accordance with the Solid Waste Management Act N.J.S.A. 13:1E-1 et seq., (the Act) instead of exercising its own administrative powers to develop a satisfactory plan.
DEP has filed suit against seven counties — Hudson, Middlesex...
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