NO. BERGEN TP. IN HUDSON C. v. HACKENSACK M.D.C.


200 N.J. Super. 579 (1985)

491 A.2d 1314

THE TOWNSHIP OF NORTH BERGEN IN THE COUNTY OF HUDSON, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF, v. THE HACKENSACK MEADOWLANDS DEVELOPMENT COMMISSION; THE BOROUGH OF CARLSTADT IN THE COUNTY OF BERGEN; THE BOROUGH OF EAST RUTHERFORD IN THE COUNTY OF BERGEN; THE BOROUGH OF LITTLE FERRY IN THE COUNTY OF BERGEN; THE BOROUGH OF MOONACHIE IN THE COUNTY OF BERGEN; THE BOROUGH OF NORTH ARLINGTON IN THE COUNTY OF BERGEN; THE BOROUGH OF RIDGEFIELD IN THE COUNTY OF BERGEN; THE BOROUGH OF RUTHERFORD IN THE COUNTY OF BERGEN; THE TOWNSHIP OF SOUTH HACKENSACK IN THE COUNTY OF BERGEN; THE BOROUGH OF TETERBORO IN THE COUNTY OF BERGEN; THE CITY OF JERSEY CITY IN THE COUNTY OF HUDSON; THE TOWN OF KEARNY IN THE COUNTY OF HUDSON AND THE TOWN OF SECAUCUS IN THE COUNTY OF HUDSON, DEFENDANTS-RESPONDENTS, AND THE TOWNSHIP OF LYNDHURST IN THE COUNTY OF BERGEN, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided April 25, 1985.


Attorney(s) appearing for the Case

George O. Savino argued the cause for appellant.

Bertram P. Goltz, Jr., Deputy Attorney General, argued the cause for respondent Hackensack Meadowlands Development Commission (Irwin I. Kimmelman, Attorney General of New Jersey, attorney; James J. Ciancia, Assistant Attorney General, of counsel; Bertram P. Goltz, Jr. on the brief).

James A. Farber argued the cause for respondents Borough of Little Ferry, Borough of Moonachie and Township of South Hackensack (DeCottis, Johnson & Pinto, attorneys; Jonathan N. Harris on the letter brief).

James J. Dooley argued the cause for respondent Borough of Teterboro (Winne, Dooley & Boyle, attorneys; James J. Dooley on the letter brief).

Norman A. Doyle, Jr. argued the cause for respondent Town of Kearny.

Lewis M. Holland argued the cause for respondent Town of Secaucus (Holland & Holland, attorneys; Lewis M. Holland on the brief).

Alfred A. Porro, Jr., attorney for respondents Borough of East Rutherford and Borough of Ridgefield.

Edwin C. Eastwood, Jr., attorney for respondent Borough of North Arlington (Peter A. Scandariato on the letter brief).

M. Harry Muser, attorney for respondent Borough of Rutherford (E. Michael Donovan on the letter brief).

No brief was filed on behalf of respondents Borough of Carlstadt and City of Jersey City.

Before Judges PRESSLER, BRODY and COHEN.


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

The Hackensack Meadowlands Reclamation and Development Act, N.J.S.A. 13:17-1 et seq., has as one of its features the establishment of an "intermunicipal account" to adjust among the constituent municipalities the losses and benefits accruing from the development of the Hackensack Meadowlands District. N.J.S.A. 13:17-61(b). Each year a municipality either pays into the account or is paid out...

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