MOUNT OLIVE TP. v. D.E.P.


225 N.J. Super. 94 (1988)

541 A.2d 1089

TOWNSHIP OF MOUNT OLIVE, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. DEPARTMENT OF ENVIRONMENTAL PROTECTION, STATE AGENCY, AND COUNTY OF MORRIS, A PUBLIC BODY, AND MORRIS COUNTY TRANSFER STATION, INC., A NEW JERSEY CORPORATION, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided May 16, 1988.


Attorney(s) appearing for the Case

James K. Pryor argued the cause for the appellant (Dorsey, Pryor & Bell, attorneys).

Michael S. Caro, Deputy Attorney General, argued the cause for the respondent Department of Environmental Protection (W. Cary Edwards, Attorney General, attorney; James J. Ciancia, Assistant Attorney General, of counsel).

Joseph J. Maraziti, Jr., argued the cause for the respondent County of Morris (Maraziti, Falcon & Gregory, attorneys; Joseph J. Maraziti, Jr. and Christopher Lane Downing on the brief).

Susan Scott argued the cause for the respondent Morris County Transfer Station, Inc. (Riker, Danzig, Scherer, Hyland & Perretti, attorneys; Edward K. DeHope, of counsel; Pamela P. Warnement and Joyce A. Howell on the brief).

Before Judges FURMAN, LONG and SCALERA.


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

This appeal by the Township of Mount Olive is the second before us between the same parties arising out of the disruption of Morris County solid waste disposal services threatened by the impending shutdown of the Edgeboro Landfill in Middlesex County on January 1, 1988. On the first appeal, we affirmed Department of Environmental Protection (DEP) approval on...

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