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 Wananque, Borough of Bloomingdale, Borough of Hawthorne, Borough of Ringwood, Borough of Pompton Lakes, and Township of West Milford, Intervenors-Respondents (Two Cases).
Supreme Court of New Jersey.https://leagle.com/images/logo.png
Argued February 2, 2000.
Decided June 22, 2000.
Attorney(s) appearing for the Case
Sandra T. Ayres, Montclair, for plaintiffs-appellants (Schwartz, Tobia, Stanziale, Rosensweig & Sedita, attorneys).
Benjamin Clarke, Teaneck, for defendant-respondent Passaic County Utilities Authority (DeCotiis, Fitzpatrick & Gluck, attorneys; Michael R. Cole, of counsel).
Joseph J. Maraziti, Jr., Short Hills, for defendant-respondent Passaic County Board of Chosen Freeholders (Maraziti, Falcon & Healey, attorneys; Leah C. Healey, of counsel; Brent T. Carney, on brief).
John Fiorello, Wayne, Wayne Township Attorney, for intervenors-respondents.
Daniel P. Reynolds, Deputy Attorney General, for respondent Local Finance Board (John J. Farmer, Jr., Attorney General of New Jersey, attorney; Nancy Kaplen, Assistant Attorney General, of counsel; Mr. Reynolds and Leslie D. Rosenthal, Deputy Attorney General, on the brief).
Michael A. Lampert, Princeton, submitted a brief on behalf of 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. (Saul, Ewing, Remick & Saul, attorneys; Mr. Lampert, Alan V. Klein and Jane Kozinski, on the brief).
Supreme Court of New Jersey.
The opinion of the Court was delivered by STEIN, J.
This appeal fairly may be regarded as but the tip of an iceberg. It purports to present for resolution what is primarily a straightforward issue of statutory interpretation: whether section 22.1 of the Municipal and County Utilities Authorities Law, N.J.S.A. 40:14B-1 to -78, authorizes the Passaic County Utilities Authority (PCUA) to impose on municipalities and commercial waste generators that no longer use...
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