PRINCETON v. MERCER COUNTY


755 A.2d 637 (2000)

333 N.J. Super. 310

BOROUGH OF PRINCETON, a municipal corporation, Plaintiff-Appellant, v. BOARD OF CHOSEN FREEHOLDERS OF the COUNTY OF MERCER and Mercer County Improvement Authority, Defendants-Respondents, Waste Management of Pennsylvania, Inc., Defendant/Intervenor-Respondent. In the Matter of Certain Amendments to the Adopted and Approved Solid Waste Management Plan of Mercer County. Borough of Princeton, a municipal corporation, Plaintiff-Respondent, v. Board of Chosen Freeholders of Mercer County and Mercer County Improvement Authority, Defendants, Waste Management of Pennsylvania, Inc. Defendant/Intervenor-Appellant. In the Matter of the Adoption and Approval of an Administrative Action Concerning the Morris County District Solid Waste Management Plan. American Ref-Fuel Company of Essex County, Plaintiff-Appellant, v. Morris County Municipal Utilities Authority and Waste Management of Pennsylvania, Inc., Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided July 31, 2000.


Attorney(s) appearing for the Case

Lewis Goldshore, Plainsboro, argued the cause for Borough of Princeton, appellant in A-2291-97T3 and A-2343-97T2; respondent in A-2776-97T3 (Goldshore & Wolf, attorneys; Mary S. Henifin, Princeton, and Robert J. Cash, Plainsboro, of counsel and on the brief).

Michael R. Cole, Troy, MI, argued the cause for Mercer County Board of Chosen Freeholders and Mercer County Improvement Authority, respondents in A-2291-97T3 and A-2343-97T2 (DeCotiis, Fitzpatrick & Gluck, Teaneck, attorneys for Mercer County Improvement Authority; Alfred B. Vuocolo, Jr., Mercer County Counsel, Trenton, attorney for Mercer County Board of Chosen Freeholders; Mr. Cole, of counsel; Andrew Bayer, Teaneck, on the brief in A-2291-97T3; and Mr. Bayer and Cecelia Haney, Trenton, on the brief in A-2343-97T2).

Sandra T. Ayres, Montclair, argued the cause for Waste Management of Pennsylvania, Inc., appellant in A-2776-97T3; respondent in A-2291-97T3, A-2343-97T2, A-1704-98T3 and A-3291-97T3 (Schwartz, Tobia, Stanziale, Becker, Rosensweig & Sedita, attorneys; Ms. Ayres, on the brief).

Leslie Dannin Rosenthal, Deputy Attorney General, argued the cause for Department of Environmental Protection, respondent in A-2343-97T2 and A-3291-97T3 (John J. Farmer, Jr., Attorney General, attorney; Andrea M. Silkowitz, Assistant Attorney General, of counsel; Ms. Rosenthal, on the brief).

Ross A. Lewin, Princeton, argued the cause for American Ref-Fuel Company of Essex County, appellants in A-3291-97T3 and A-1704-98T3 (Jamieson, Moore, Peskin & Spicer, attorneys; Mr. Lewin, of counsel; Mr. Lewin and David G. Glazer, on the brief).

Joseph J. Maraziti, Jr., Short Hills, argued the cause for Morris County Municipal Utilities Authority, respondent in A-3291-97T3 and A-1704-98T3 (Maraziti, Falcon & Healey, attorneys; Mr. Maraziti, Jr., of counsel; Todd L. Normane and Brent T. Carney, on the brief).

Before Judges STERN, WEFING and STEINBERG.


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

These five appeals were argued together before us on December 15, 1999. They involve related issues concerning solid waste disposal and we therefore consolidate them for purposes of this opinion. Two of the matters arise out of Morris County, three from Mercer County. The two Morris County matters are A-3291-97 and A-1704-98. In A-3291-97, In re Adoption and Approval...

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