MAYOR AND MUN. COUNCIL v. WATER COM'N


115 N.J. 154 (1989)

557 A.2d 314

SEYMOUR LITTMAN, INDIVIDUALLY AND AS MAYOR OF THE TOWNSHIP OF MILLSTONE AND THE TOWNSHIP OF MILLSTONE, PLAINTIFFS, AND DIANAMIC INDUSTRIES AND COBBLESTONE PENN LIMITED PARTNERSHIP, PLAINTIFFS-APPELLANTS, v. RICHARD GIMELLO, EXECUTIVE DIRECTOR AND THE HAZARDOUS WASTE FACILITIES SITING COMMISSION, DEFENDANTS-RESPONDENTS. THE TOWNSHIP OF EAST GREENWICH, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, CARL A. BRESSLER, WALTER P. GEORGE, HARGREEN ASSOCIATES, MILTON S. DUNN, FREDERICK WAIBEL, ADELBERT THOMPSON, AND ANNA PENNELL, PLAINTIFFS, v. THE HAZARDOUS WASTE FACILITIES SITING COMMISSION AND RICHARD GIMELLO, EXECUTIVE DIRECTOR, DEFENDANTS.

The Supreme Court of New Jersey.

Decided May 4, 1989.


Attorney(s) appearing for the Case

Michael A. Pane argued the cause for appellants.

John A. Covino argued the cause for respondents (Donald R. Belsole, Acting Attorney General of New Jersey, attorney; James J. Ciancia, Assistant Attorney General, of counsel; Francine A. Schott, Deputy Attorney General, on the brief).

Lewis G. Adler submitted a letter in lieu of brief on behalf of amicus curiae, Gloucester County (Hasbrouck & Uliase, attorneys).


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

Plaintiffs claim that the declaration of their property as a potential site for a hazardous-waste facility under the New Jersey Major Hazardous Waste Facilities Siting Act ("Act"), N.J.S.A. 13:1E-49 to -91, L. 1981, c. 279, constitutes a taking of property without just compensation in violation of the United States and New Jersey Constitutions. We...

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