In the Matter of PASSAIC COUNTY UTILITIES AUTHORITY PETITION Requesting Determination of Financial Difficulty and Application for Refinancing Approval.
City of Paterson and Martin G. Barnes, Plaintiffs-Appellants,
v.
Passaic County Board of Chosen Freeholders and Passaic County Utilities Authority, Defendants-Respondents, and
Township of Wayne, Borough of Totowa, Borough of West Paterson, City of Clifton, Borough of Wanaque, Borough of Bloomingdale, Borough of Hawthorne, Borough of Ringwood, Borough of Pompton Lakes, and Township of West Milford, Defendants/Intervenors-Respondents (Two Cases).
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued October 26, 1998.
Decided May 13, 1999.
Attorney(s) appearing for the Case
Sandra T. Ayres, Montclair, for plaintiffs-appellants (Schwartz, Tobia, Stanziale, Becker, Rosensweig & Sedita, attorneys; Ms. Ayres, Warren B. Kasdan, and William A. Baker, on the brief).
Benjamin Clarke, for defendant-respondent Passaic County Utilities Authority (DeCotiis, Fitzpatrick & Gluck, Teaneck, attorneys; Michael R. Cole, of counsel; Mr. Clarke, on the brief).
Leah C. Healey, Short Hills, for defendant-respondent Passaic County Board of Chosen Freeholders (Maraziti, Falcon & Healey, attorneys; Ms. Healey, on the brief).
Daniel P. Reynolds, Deputy Attorney General, for defendant-respondent Local Finance Board (Peter Verniero, Attorney General, attorney; Joseph L. Yannotti, Assistant Attorney General, of counsel; Mr. Reynolds and Leslie A. Rosenthal, Deputy Attorney General, on the brief).
John Fiorello, Wayne, for defendants/intervenors-respondents.
Saul, Ewing, Remick & Saul, Princeton, for amici curiae National Solid Waste Management Association, Waste Management Association of New Jersey, BFI Waste Systems of New Jersey, Inc., Super Kwik, Inc., USA Waste of New Jersey, Inc., and Waste Management of New Jersey, Inc. (Michael Lampert and Jane Kozinski, on the brief).
Before Judges PETRELLA, D'ANNUNZIO and CUFF.
Superior Court of New Jersey, Appellate Division.
The opinion of the court was delivered by CUFF, J.A.D.
These consolidated appeals address the coordinated actions of the Passaic County Board of Chosen Freeholders (Passaic County) and the Passaic County Utilities Authority (PCUA) to assure repayment of debt issued by the PCUA. The ability of the PCUA to meet its debt obligations has been jeopardized by the invalidation of the State-imposed solid waste management plan and...
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