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TOWN OF KEARNY v. HACKENSACK MEADOWLANDS DEV. COMM.

779 A.2d 1124 (2001)

TOWN OF KEARNY, Plaintiff-Respondent, v. HACKENSACK MEADOWLANDS DEVELOPMENT COMMISSION and Alan J. Steinberg, Executive Director, Defendants-Appellants.

Superior Court of New Jersey, Appellate Division.

Decided September 28, 2001.

Attorney(s) appearing for the Case

Masha D. Rozman, Deputy Attorney General argued the cause for appellants (John J. Farmer, Jr., Attorney General, attorney; Nancy Kaplen, Deputy Attorney General, of counsel, Ms. Rozman, on the brief).

Kenneth P. Davie, Harrison, argued the cause for respondent (Cifelli & Davie, attorneys; Mr. Davie on the brief).

Before Judges BAIME, NEWMAN and FALL.

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

On leave granted, this appeal concerns whether the Department of Environmental Protection (DEP) is the proper forum to determine whether a town in which an access road to a transfer station is located is entitled to a "host community benefit" payment under N.J.S.A. 13:1E-28.1. The trial court ruled that while the DEP has exclusive jurisdiction to decide the amount of the payment, the DEP and Law Division...

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