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SUDLER v. ENVIRON. DISPOSAL CORP.

219 N.J. Super. 52 (1987)

529 A.2d 1022

SAMUEL SUDLER AND DAVID S. STEINER, APPELLANTS, v. ENVIRONMENTAL DISPOSAL CORPORATION AND HILLS DEVELOPMENT COMPANY, RESPONDENTS. SAMUEL SUDLER AND DAVID S. STEINER, RESPONDENTS, v. ENVIRONMENTAL DISPOSAL CORPORATION, THE HILLS DEVELOPMENT COMPANY, JOHN KERWIN AND NEIL CALLAHAN, APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided July 15, 1987.

Attorney(s) appearing for the Case

Sheppard A. Guryan argued the cause for Samuel Sudler and David S. Steiner (Lasser, Hochman, Marcus, Guryan and Kuskin, attorneys; Bruce H. Snyder on the brief).

Rocky L. Peterson argued the cause for appellants in A-2953-86T5 and for respondent The Hills Development Company in A-2808-86T8 (Brener, Wallack & Hill, attorneys; Rocky L. Peterson and Yvonne Marcuse on the brief).

Kenneth P. Westreich argued the cause for respondent Environmental Disposal Corporation in A-2808-86T8 (Conway, Reiseman, Mattia & Sharp, attorneys; Kenneth P. Westreich on the brief).

G. Allen Washington, Deputy Attorney General, argued the cause for respondent Board of Public Utilities (W. Cary Edwards, Attorney General, attorney; Andrea M. Silkowitz, Deputy Attorney General, of counsel; G. Allen Washington on the brief).

Before Judges BRODY, LONG and D'ANNUNZIO.

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

We consolidated these two appeals: one from a determination by the Board of Public Utility Commissioners (the Board), the other from interlocutory orders entered in the Law Division in a related action. The fundamental dispute in both proceedings is whether Environmental Disposal Corporation (EDC), franchised by the Board to operate a sewage disposal plant servicing a portion of Bedminster Township, lawfully...

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