CLEAN CAPITAL COUNTY COMMITTEE, AN ASSOCIATION, COCOLA LIQUORS, MARK LAURENTI, PLAINTIFFS-RESPONDENTS,
v.
ALBERT E. DRIVER, JR., COUNTY CLERK OF MERCER COUNTY; AND THE MERCER COUNTY BOTTLE BILL COMMITTEE, AN ASSOCIATION CONSISTING OF AND AS REPRESENTATIVE OF THE DEFENDANT CLASS OF PETITIONERS JANINE BAUER, KATE ESPOSITO, EDWARD LLOYD, SEN. GERALD R. STOCKMAN, RICHARD J. SULLIVAN, FRIEDA APPLEGATE, TODD BRYAN, VIOLET COX, SAM SCOZZARO, DIANE WALKER, DEFENDANTS-APPELLANTS.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued September 19, 1988.
Decided September 21, 1988.
Attorney(s) appearing for the Case
Douglas S. Eakeley argued the cause for appellant Mercer County Bottle Bill Committee (Riker, Danzig, Scherer, Hyland & Perretti, attorneys; Douglas S. Eakeley, of counsel and on the brief).
Brendan T. Byrne argued the cause for respondents (Carella, Byrne, Bain & Gilfillan, attorneys; Brendan T. Byrne and Peter G. Stewart, of counsel; Kenneth L. Winters and David R. Cosgrove, on the brief).
Robert S. Kline, Assistant Mercer County Counsel, attorney for Albert E. Driver, Mercer County Clerk, took no position with regard to the appeal.
Alfred A. Slocum, Public Advocate, attorney for Amicus Curiae Public Advocate of New Jersey (Richard E. Shapiro, Director of Division of Public Interest Advocacy and Susan Remis Silver, Assistant Deputy Public Advocate, on the brief).
Fox, Rothschild, O'Brien & Frankel, attorneys for Amici Curiae New Jersey Public Interest Research Group, Stonybrook-Millstone Watershed Association, American Littoral Society, New Jersey Environmental Lobby, Senator Richard Zimmer, et al. (Mark L. First, of counsel and on the brief).
Before Judges PETRELLA, SHEBELL and LANDAU.
Superior Court of New Jersey, Appellate Division.
PER CURIAM.
The trial judge enjoined the County Clerk of Mercer County and defendants from placing on the November 1988 general election ballot a question proposed by initiative petition1 (see N.J.S.A. 40:41A-104) filed by the Mercer County Bottle Bill Committee as to whether Mercer County should adopt an ordinance requiring deposits on certain bottles and cans (the "Bottle Bill...
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