PCFA v. COUNTY OF SOMERSET


735 A.2d 633 (1999)

324 N.J. Super. 391

POLLUTION CONTROL FINANCING AUTHORITY OF WARREN COUNTY, Plaintiff-Appellant, v. COUNTY OF SOMERSET, Board of Chosen Freeholders of Somerset County, and Bridgewater Resources, Inc., Defendants-Respondents, and Richard E. Williams, Somerset County Administrator, Defendant. Warren Energy Resource Co., L.P., Plaintiff-Appellant, v. County of Somerset, Board of Chosen Freeholders of Somerset County, and Bridgewater Resources, Inc., Defendants-Respondents, and Richard E. Williams, Somerset County Administrator, Defendant (Two Cases). Pollution Control Financing Authority of Warren County, Plaintiff-Respondent, v. County of Somerset, Board of Chosen Freeholders of Somerset County, and Bridgewater Resources, Inc., Defendants-Respondents, and Richard E. Williams, Somerset County Administrator, Defendant.

Superior Court of New Jersey, Appellate Division.

Decided August 27, 1999.


Attorney(s) appearing for the Case

Michael J. Perrucci, Phillipsburg, for Pollution Control Financing Authority of Warren County, appellant in A-5679-97T1 and respondent in A-5927-97T1 (Florio & Perrucci, attorneys; Edward J. Boccher, Newark, of counsel and on the brief; Lisa Barre-Quick, Warren and Eric J. Ascalon, New York City, on the brief).

Arthur S. Goldstein, Roseland, for respondent, County of Somerset (Wolff & Samson, attorneys; Mr. Goldstein and Stephen H. Bier, on the brief).

Michael R. O'Donnell, Morristown, for Warren Energy Resource Company, L.P., appellant in A-5927-97T1 and respondent in A-5679-97T1 (Riker, Danzig, Scherer, Hyland & Perretti, attorneys; Edward A. Zunz, Jr., and Edward K. DeHope, of counsel; Mr. O'Donnell, Deborah J. Sokol, and Andrew Kogan, on the brief).

Stephen Schnitzer, Livingston, for respondent Bridgewater Resources, Inc.

Respondent Board of Chosen Freeholders of Somerset County, did not participate in oral argument or file a brief.

Amicus Curiae, First Union National Bank in A-5679-97T1, did not participate in oral argument (Riker, Danzig, Scherer, Hyland & Perretti, attorneys; Dennis J. O'Grady, of counsel; Joseph L. Schwartz, on the brief, Morristown).

Before Judges BROCHIN, KLEINER and STEINBERG.


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

Plaintiff Pollution Control Financing Authority of Warren County (PCFA) is an agency established by Warren County pursuant to the New Jersey Pollution Control Financing Law, N.J.S.A. 40:37C-1 to -18. PCFA financed, arranged for the construction of, and now owns a waste incinerator and landfill in Warren County, New...

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