1. Home
  2. Browse Decisions
  3. N.J.
  4. 237 N.J.
  5. 237 N.J. Super. 163 (1989)
 

POLLUTION CONTROL FIN. AUTH. v. D.E.P.

237 N.J. Super. 163 (1989)

567 A.2d 243

POLLUTION CONTROL FINANCING AUTHORITY OF WARREN COUNTY, NEW JERSEY, PLAINTIFF-APPELLANT, AND COUNTY OF HUNTERDON AND HUNTERDON COUNTY UTILITIES AUTHORITY, INTERVENORS-APPELLANTS, v. THE NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, DR. RICHARD T. DEWLING, COMMISSIONER, AND GERALD BURKE, DIRECTOR, OFFICE OF REGULATORY SERVICES, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided December 5, 1989.

Attorney(s) appearing for the Case

Robert A. Maren argued the cause for appellant (Broscious, Cooke & Glynn, attorneys; Robert A. Maren on the brief).

John P. Gallina argued the cause for intervenors-appellants (Gaetano M. DeSapio, attorney; John P. Gallina on the brief).

Paul H. Schneider, Deputy Attorney General, argued the cause for respondents (Peter N. Perretti, Jr., Attorney General, attorney; James J. Ciancia, Assistant Attorney General, of counsel; Paul H. Schneider on the brief).

Before Judges KING, SHEBELL and BAIME.

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

This appeal presents a question of first impression. N.J.S.A. 13:1E-138 imposes three new taxes on the disposal of solid waste at sanitary landfills. Exempt from taxation are the "waste products resulting from the operation of a resource recovery facility." N.J.S.A. 13:1E-138 a, b and c. Although there are various types of resource recovery facilities...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases