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BERK COHEN ASSOCIATES AT RUSTIC VILLAGE, LLC v. BOR. OF CLAYTON

No. A-4988-05T2.

954 A.2d 537 (2008)

402 N.J. Super. 409

BERK COHEN ASSOCIATES AT RUSTIC VILLAGE, LLC, Plaintiff-Respondent, v. BOROUGH OF CLAYTON, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided September 8, 2008.

Attorney(s) appearing for the Case

Gary M. Marek, argued the cause for appellant (Law Offices of Gary M. Marek, and Law Office of Timothy D. Scaffidi, attorneys; Timothy D. Scaffidi, Glassboro, and Mr. Marek, on the brief).

Stephen E. Samnick, West Caldwell, argued the cause for respondent (The Samnick Law Group, attorneys; Mr. Samnick, on the brief).

Before Judges AXELRAD, SAPP-PETERSON and MESSANO.

The opinion of the court was delivered by

AXELRAD, P.J.A.D.

In this appeal we address whether N.J.S.A. 40:66-1.3 requires a municipality that provides its residents with curbside pickup of solid waste to provide onsite dumpster pickup at an apartment complex or otherwise reimburse the cost of the service. Following a hearing, the trial court directed reimbursement, concluding the curbside collection on the public street adjacent to the apartment complex...

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