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HOLGATE PROPERTY ASSOCIATES v. TOWNSHIP OF HOWELL

145 N.J. 590 (1996)

679 A.2d 613

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

The Supreme Court of New Jersey.

Decided July 29, 1996.

Attorney(s) appearing for the Case

Nancy G. Wright argued the cause for appellant (Bathgate, Wegener & Wolf, attorneys).

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

Judeth Piccinini Yeany, Deputy Attorney General, argued the cause for amicus curiae, State of New Jersey, Department of Environmental Protection (Deborah T. Poritz, Attorney General of New Jersey, attorney; Mary C. Jacobson, Assistant Attorney General, of counsel).

The opinion of the Court was delivered by HANDLER, J.

In this case, the Department of Environmental Protection authorized a property owner to use a sludge-derived product to make topsoil at a site that had long been used for soil removal. As a result of complaints by neighbors regarding the smell and concerns expressed about contamination of the water supply, the municipality in which the site was located issued an order prohibiting the owner from further use of the...

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