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ERG CONTAINER SERV., INC. v. BOARD OF CHOSEN FREEHOLDERS

799 A.2d 701 (2002)

352 N.J. Super. 166

ERG CONTAINER SERVICES, INC., and GI Auto Salvage Co., Inc., Plaintiffs-Appellants, v. BOARD OF CHOSEN FREEHOLDERS, MORRIS COUNTY, Defendant-Respondent, and Township of Montville, Intervenor/Respondent.

Superior Court of New Jersey, Appellate Division.

Decided June 24, 2002.

Attorney(s) appearing for the Case

Robert L. Podvey argued the cause for appellants (Podvey, Sachs, Meanor, Catenacci, Hildner & Cocoziello, attorneys; Mr. Podvey, of counsel; Marianne C. Tolomeo and Steven R. Tombalakian, Newark, on the brief).

Ronald Kevitz, Morris County Counsel, argued the cause for respondent Board of Chosen Freeholders (Mr. Kevit, on the brief).

Gregory J. Coffey argued the cause for intervenor/respondent (Coffey & Sullivan, attorneys; Mr. Coffey, of counsel; Mr. Coffey and Janet A. Sullivan, Roseland, on the brief).

Before Judges PRESSLER, WEFING and COLEMAN.

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

Plaintiffs ERG Container Services, Inc. and GI Auto Salvage Co., Inc. (ERG) appeal from an order of the trial court upholding a resolution of the Board of Chosen Freeholders of the County of Morris (Board, or Freeholders) denying ERG's request that the Board amend Morris County's solid waste management plan to include ERG as the operator of a materials recovery facility...

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