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IRONBOUND COMMITTEE v. BD. OF CHOSEN FREEHOLDERS

230 N.J. Super. 133 (1989)

553 A.2d 30

IRONBOUND COMMITTEE AGAINST TOXIC WASTE, ET. ALS., PLAINTIFFS-APPELLANTS v. BOARD OF CHOSEN FREEHOLDERS, COUNTY OF ESSEX, NICHOLAS AMATO, COUNTY EXECUTIVE, EASTERN WASTE, INCORPORATED, AMERICAN REF-FUEL OF ESSEX COUNTY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided January 17, 1989.

Attorney(s) appearing for the Case

Stefanie A. Brand and William C. Sullivan, Jr. argued the cause for appellants (Gordon, Gordon and Haley, attorneys; Timothy S. Haley, on the brief and letter brief).

H. Curtis Meanor, Acting Essex County Counsel, argued the cause for the respondents, County of Essex and Nicholas R. Amato (Norman Shulaner, Assistant County Counsel, on the brief).

John N. Bain argued the cause for the respondent, intervenor, American Ref-Fuel Company of Essex County (Carella, Byrne, Bain & Gilfillan, attorneys; Carl H. Rifino, on the brief).

Richard K. Coplon argued the cause for the respondent, Eastern Waste, Inc. (Hellring, Lindeman, Goldstein, Siegal, Stern & Greenberg, attorneys; Richard K. Coplon on the brief).

Before Judges LONG, MUIR and KEEFE.

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

The ultimate issue to be decided on this appeal is whether a Process Residue Option contract between Essex County and Eastern Waste, Inc. is exempt from the provisions of the Local Public Contracts Law by reason of recent amendments to the Solid Waste Management Act. We conclude that it is exempt.

On October 7, 1987, Essex County (Essex) and Eastern Waste, Inc. (Eastern) entered into a Process Residue...

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