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HOLGATE PROP. ASSOCIATES v. TOWNSHIP OF HOWELL

283 N.J. Super. 311 (1995)

661 A.2d 1305

HOLGATE PROPERTY ASSOCIATES, A NEW JERSEY PARTNERSHIP, PLAINTIFF-RESPONDENT, v. TOWNSHIP OF HOWELL, ZONING BOARD OF ADJUSTMENT OF HOWELL TOWNSHIP AND THOMAS SAVINO, ENGINEERING COORDINATOR, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided July 28, 1995.

Attorney(s) appearing for the Case

William Gilroy argued the cause for appellants (Gilroy, Cramer & McLaughlin, attorneys; Dennis M. Crawford, on the brief).

Nancy G. Wright argued the cause for respondents (Bathgate, Wegener, Dugan & Wolf, attorneys; Ms. Wright, on the brief).

Judeth A. Piccinini, Deputy Attorney General, argued the cause for amicus curiae New Jersey Department of Environmental Protection and Energy (Deborah T. Poritz, Attorney General; Mary C. Jacobson and Lawrence E. Stanley, Assistant Attorneys General, of counsel; Ms. Piccinini, on the brief).

Before Judges SKILLMAN, WALLACE and KLEINER.

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

The primary issue presented by this appeal is whether the Department of Environmental Protection (DEP) must designate the site for a solid waste or sludge disposal facility in conformity with the procedures and criteria that govern solid waste planning under the Solid Waste Management Act (SWMA), N.J.S.A. 13:1E-1 to -48, in order to preempt municipal zoning.

It is appropriate at the outset to...

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