WASTE MGMT. N.J., INC. v. UNION COUNTY UTILS. AUTH.

No. A-5018-06T2, No. A-5232-06T2.

945 A.2d 73 (2008)

399 N.J. Super. 508

WASTE MANAGEMENT OF NEW JERSEY, INC., Plaintiff-Respondent v. The UNION COUNTY UTILITIES AUTHORITY and IWS Transfer Systems of NJ, Inc., Defendants, and Delaware and Hudson Railway Company, Inc., Defendant-Appellant, and Waste Solutions Group; Bridgewater Resources, Inc., Defendants-Respondents. Waste Management of New Jersey, Plaintiff-Respondent, v. The Union County Utilities Authority, Defendant-Appellant, and Waste Solutions Group and Bridgewater Resources, Inc., Defendants-Respondents, and IWS Transfer Systems of NJ, Inc., Defendant.

Superior Court of New Jersey, Appellate Division.

Decided April 7, 2008.


Attorney(s) appearing for the Case

Thomas J. Cafferty, Lyndhurst, argued the cause for appellant Delaware and Hudson Railway Company, Inc. (Scarinci & Hollenbeck, attorneys; Andrew L. Indeck, of counsel; Mr. Indeck and Mitchell L. Pascual, on the brief).

Benjamin Clarke, Teaneck, argued the cause for appellant Union County Utilities Authority (Decotiis, Fitzpatrick, Cole & Wisler, LLP, attorneys; Jonathan L. Williams, of counsel; Mr. Clarke and Peter J. Choi, on the brief).

Jane Kozinski, Philadelphia, PA, argued the cause for respondent Waste Management of New Jersey, Inc. (Saul Ewing, LLP, attorneys; Pamela S. Goodwin, Princeton and Ms. Kozinski, on the brief).

Ross A. Lewin, Princeton, argued the cause for respondents Waste Solutions Group and Bridgewater Resources, Inc. (Drinker, Biddle & Reath, LLP, attorneys; Mr. Lewin, on the brief).

Jung W. Kim, Deputy Attorney General, argued the cause for amicus curiae New Jersey Department of Environmental Protection (Anne Milgram, Attorney General, attorney; Patrick DeAlmeida, Assistant Attorney General, of counsel; Ms. Kim, on the brief).

Before Judges STERN, A.A. RODRÍGUEZ and C.S. FISHER.


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

In these appeals, we consider whether the trial judge erred in permanently enjoining defendant Union County Utilities Authority (the Authority) from awarding a contract for the removal of all non-processible solid waste within Union County to defendant Delaware and Hudson Railway Company, Inc. (DHRC), the lowest bidder.1 DHRC's low bid proposed the transloading

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