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CLYDE v. MANSFIELD TP.

263 N.J. Super. 140 (1993)

622 A.2d 270

MARILYN J. CLYDE, T/A GARDEN STATE REMOVAL COMPANY, PLAINTIFF, v. MANSFIELD TOWNSHIP AND FLORENCE TOWNSHIP, DEFENDANTS-RESPONDENTS, AND THE BURLINGTON COUNTY BOARD OF CHOSEN FREEHOLDERS AND THE BURLINGTON COUNTY HEALTH DEPARTMENT, INTERVENOR-DEFENDANTS RESPONDENTS, AND STATE OF NEW JERSEY, INTERVENOR, v. SUPER KWIK, INC. DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 19, 1993.

Attorney(s) appearing for the Case

Walter B. Dennen argued the cause for appellant (Swain, Dennen, Keszler & Bauman, attorneys; Mr. Dennen on the brief).

John E. Harrington argued the cause for respondent Township of Mansfield (John L. Madden, on the brief).

Carole A. Quattlander, Assistant County Solicitor argued the cause for intervenors Burlington County Board of Chosen Freeholders and Burlington County Health Department (Stephen J. Mushinski, County Solicitor; Ms. Quattlander, on the brief).

Mark A. Wenzler, Deputy Attorney General argued the cause for Intervenor Department of Environmental Protection and Energy (Robert J. Del Tufo, Attorney General, attorney; Joseph A. Yanotti, Assistant Attorney General, of counsel; Mr. Wenzler, on the brief).

Before Judges DREIER, SKILLMAN and VILLANUEVA.

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

Super Kwik, Inc., a licensed solid waste hauler, appeals from a summary judgment upholding provisions of the traffic control ordinances of Mansfield Township and Florence Township. The ordinances required that waste haulers passing through the Townships follow the precise routes specified by Plan Amendment 87-2 to the Burlington County District Solid Waste Management Plan. The narrow issue presented in this...

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