BROWNING-FERRIS v. CITY OF PASSAIC


116 N.J. 83 (1989)

560 A.2d 1208

BROWNING-FERRIS INDUSTRIES OF NORTH JERSEY, INC., A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. CITY OF PASSAIC, A PUBLIC BODY POLITIC OF THE STATE OF NEW JERSEY; FRED J. KUREN, WAYNE ALSTON, PAUL DI GAETANO, LEWIS J. GILL, MARGIE SEMLER, JAMES SHOOP, HERBERT M. SORKIN, AS MEMBERS OF THE COUNCIL OF THE CITY OF PASSAIC AND INDIVIDUALLY, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided July 26, 1989.


Attorney(s) appearing for the Case

John J. McKniff, City Attorney, argued the cause for appellants.

Arthur R. Kobin argued the cause for respondent (Scerbo, Kobin, Litwin & Wolff, attorneys; Albert E. Cruz, on the brief).

Kenneth Lowell Rose argued the cause for amicus curiae Municipal Utilities Authority of the City of Passaic.

William Z. Shulman submitted a brief on behalf of amicus curiae North Bergen Municipal Utilities Authority.

Alfred A. Porro, Jr., submitted a brief on behalf of amicus curiae Authorities Association of New Jersey (Porro and Porro, attorneys).


The opinion of the Court was delivered by HANDLER, J.

The dispute in this appeal arose when a municipality disapproved a contract that had been awarded by the local municipal utilities authority to a party for the collection and disposal of solid waste. The municipality acted under the authority of an ordinance that prohibits a municipal utilities authority from executing contracts unless approved by the municipal governing...

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