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

A-55 September Term 2008

972 A.2d 1141 (2009)

199 N.J. 432

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

Supreme Court of New Jersey.

Decided June 23, 2009.


Attorney(s) appearing for the Case

Stephen E. Samnick, West Caldwell, argued the cause for appellant (The Samnick Law Group, attorneys).

Gary M. Marek argued the cause for respondent (Mr. Marek and Timothy D. Scaffidi, attorneys).

Gary D. Gordon, West Orange, submitted a brief on behalf of amicus curiae New Jersey Apartment Association (Feinstein, Raiss, Kelin & Booker, attorneys).


Justice LONG delivered the opinion of the Court.

At the heart of this case is N.J.S.A. 40:66-1.3(a), which establishes the procedures to be followed when a municipality provides solid waste collection services to its residents. In particular, the statute sets up a scheme in connection with multifamily dwellings that requires either reimbursement for the solid waste collection costs up to a stated cap, or the provision of those services "in the same manner as...

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