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FORGIONE & SONS v. BERNARDS TP.

731 A.2d 111 (1999)

322 N.J. Super. 448

CARMINE FORGIONE & SONS, INC., Plaintiff-Respondent, v. TOWNSHIP OF BERNARDS, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided June 29, 1999.

Attorney(s) appearing for the Case

Mauro, Savo, Camerino & Grant, Somerville, for defendant-appellant (John P. Belardo, on the brief).

Rich & Friedman, Parsippany, for plaintiff-respondent (Marc J. Friedman, of counsel and on the brief).

Before Judges LONG, KESTIN and WEFING.

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

The Township of Bernards (Township) appeals from a judgment of the Law Division in an action in lieu of prerogative writs, R. 4:69. The trial court declared Section 3-9.3.2 of the Township's Ordinance No. 1325 to be invalid because pre-empted by State law insofar as it established different hours of solid waste collection than were provided in plaintiff's tariff approved by the Department of Environmental...

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