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J.P. RAIL, INC. v. NEW JERSEY PINELANDS COM'N

No. CIV.05-2755(JBS).

404 F.Supp.2d 636 (2005)

J.P. RAIL, INC., Plaintiff, v. NEW JERSEY PINELANDS COMMISSION, Defendant. New Jersey Pinelands Commission, Third-Party Plaintiff, v. Magic Disposal, Inc., Elwood Brokerage, Inc., Elwood Transload, Inc., Steve Waszen, Sr. and Steve Waszen, Jr., Third-Party Defendants.

United States District Court, D. New Jersey.

December 22, 2005.

Attorney(s) appearing for the Case

John K. Fiorella, Esq., Capehart & Scathchard, P.A., Mount Laurel, NJ, for Plaintiff.

Peter C. Harvey, Attorney General of New Jersey, By Kevin P. Auerbacher, D.A.G., Ruth Carter, D.A.G., Christine Lewis, D.A.G., Office of the New Jersey Attorney General, Trenton, NJ, for Defendant/Third-Party Plaintiff.

David M. DeClement, Esq., Law Office of David M. DeClement, Pitman, NJ, for Third-Party Defendants.

OPINION

SIMANDLE, District Judge.

This dispute centers on the proposed construction of a waste transfer facility on a site located within the Pinelands National Reserve in Mullica Township, New Jersey. The matter is presently before the Court upon the cross-applications for preliminary injunctive relief by Plaintiff J.P. Rail, Inc., d/b/a/ Southern Railroad Company of New Jersey ("SRNJ" or "J.P. Rail"), and Defendant State of New Jersey, Pinelands Commission...

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