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IN RE HACKENSACK MEADOWLANDS DEV.

233 N.J. Super. 324 (1989)

558 A.2d 1344

IN RE RESOLUTIONS NO. 88-68 AND NO. 88-56 ADOPTED BY THE HACKENSACK MEADOWLANDS DEVELOPMENT COMMISSION. IN RE THE PETITION OF THE BOROUGH OF NORTH ARLINGTON, BERGEN COUNTY, AND THE TOWN OF KEARNY, HUDSON COUNTY, FOR SOLID WASTE HOST COMMUNITY BENEFIT — DOCKET NO. SO88070827.

Superior Court of New Jersey, Appellate Division.

Decided May 23, 1989.

Attorney(s) appearing for the Case

Howard T. Rosen argued the cause for appellants Robert Janiszewski, County of Hudson and Hudson County Improvement Authority (Clapp & Eisenberg, attorneys; Agnes I. Rymer and Harvey C. Kaish, on the brief).

Craig J. Huber, Deputy Attorney General, argued the cause for respondent Hackensack Meadowlands Development Commission (Peter N. Perretti, Jr., Attorney General, attorney; Michael R. Clancy, Assistant Attorney General, of counsel).

Charles S. Cohen, Deputy Attorney General, argued the cause for respondent Board of Public Utilities (Peter N. Perretti, Jr., Attorney General, attorney; Andrea M. Silkowitz, Assistant Attorney General, of counsel).

Rinaldo M. D'Argenio argued the cause for respondent Borough of North Arlington (Smith, Don, Alampi, Scalo & D'Argenio, attorneys).

Norman A. Doyle, Jr., argued the cause for respondent Town of Kearny (Doyle & Brady, attorneys).

Before Judges GAULKIN, BILDER and ARNOLD M. STEIN.

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

We hold here that a host community benefit in excess of the $1.00 per ton authorized by N.J.S.A. 13:1E-28 for a municipality having an approved sanitary landfill facility may not be imposed except upon a prior determination of the Board of Public Utilities (BPU) that the resultant rates charged to the landfill users are just and reasonable.

I.

Hackensack Meadowlands Development Commission...

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