TOWN OF SECAUCUS v. HACKENSACK MEADOWLANDS


267 N.J. Super. 361 (1993)

631 A.2d 959

TOWN OF SECAUCUS, APPELLANT, v. HACKENSACK MEADOWLANDS DEVELOPMENT COMMISSION, BOROUGH OF CARLSTADT, BOROUGH OF LITTLE FERRY, TWP. OF SOUTH HACKENSACK, BOROUGH OF RUTHERFORD, BOROUGH OF EAST RUTHERFORD, BOROUGH OF RIDGEFIELD, TOWN OF KEARNY, CITY OF JERSEY CITY, BOROUGH OF NORTH ARLINGTON, BOROUGH OF MOONACHIE, TWP. OF LYNDHURST, TOWN OF NORTH BERGEN AND BOROUGH OF TETERBORO, RESPONDENTS. THE TOWNSHIP OF NORTH BERGEN, HUDSON COUNTY, NEW JERSEY, PLAINTIFF-APPELLANT, v. THE BOROUGH OF TETERBORO, BERGEN COUNTY, NEW JERSEY, BOROUGH OF RIDGEFIELD, BERGEN COUNTY, NEW JERSEY, THE TOWN OF KEARNY, HUDSON COUNTY, NEW JERSEY, AND THE HACKENSACK MEADOWLANDS DEVELOPMENT COMMISSION, DEFENDANTS-RESPONDENTS. TOWN OF SECAUCUS, PLAINTIFF-APPELLANT, v. HACKENSACK MEADOWLANDS DEVELOPMENT COMMISSION, BOROUGH OF CARLSTADT, BOROUGH OF EAST RUTHERFORD, CITY OF JERSEY CITY, TOWN OF KEARNY, BOROUGH OF LITTLE FERRY, TOWNSHIP OF LYNDHURST, TOWNSHIP OF MOONACHIE, BOROUGH OF NORTH ARLINGTON, TOWNSHIP OF NORTH BERGEN, BOROUGH OF RIDGEFIELD, BOROUGH OF RUTHERFORD, TOWNSHIP OF SOUTH HACKENSACK AND BOROUGH OF TETERBORO, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided August 18, 1993.


Attorney(s) appearing for the Case

Frances C. Holland argued the cause for appellant Town of Secaucus and plaintiff Township of North Bergen (Holland & Holland, attorneys; Ms. Holland, on the brief).

Marci D. Green, Deputy Attorney General, argued the cause for respondent Hackensack Meadowlands Development Commission (Robert J. Del Tufo, Attorney General, attorney; Joseph L. Yannotti, Assistant Attorney General, of counsel; Ms. Green, on the brief).

Bruce L. Humphreys argued the cause for respondent Borough of Ridgefield (Contant, Scherby & Atkins, attorneys; Mr. Humphreys, on the brief).

Norman A. Doyle, Jr., filed a brief on behalf of Town of Kearny.

Porro and Porro, filed a brief on behalf of respondent, Borough of East Rutherford (Kenneth A. Porro, on the brief).

Respondents Borough of Carlstadt, Borough of Little Ferry, Township of South Hackensack, Borough of Rutherford, Borough of East Rutherford, City of Jersey City, Borough of North Arlington, Borough of Moonachie, Township of Lyndhurst, Town of North Bergen and Borough of Teterboro did not participate in appeal.

Presto & Barbire, filed a brief on behalf of respondent, Borough of Moonachie (Paul S. Barbire, on the brief).

Respondent, Borough of Teterboro, joins in the brief of respondent Hackensack Meadowlands Development Commission.

Respondents, Borough of Carlstadt, Borough of Little Ferry, Township of South Hackensack and Borough of Rutherford filed letters of nonparticipation.

Respondents, Borough of East Rutherford, Borough of Ridgefield, Town of Kearny, City of Jersey City, Borough of North Arlington, Township of Lyndhurst, and Town of North Bergen, did not participate in appeal.

Before Judges DREIER, SKILLMAN and VILLANUEVA.


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

These three consolidated appeals present various challenges to the constitutionality and administrative interpretation of the intermunicipal tax-sharing provisions of Article 9 of the Hackensack Meadowlands Reclamation and Development Act (the Act), N.J.S.A. 13:17-60 to -76.

The Act, enacted in 1969, created the Hackensack Meadowlands Development...

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