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WASTE MGMT. v. MORRIS COUNTY MUN.

DOCKET NO. A-2806-12T1, DOCKET NO. A-2808-12T1

80 A.3d 1169 (2013)

433 N.J. Super. 445

WASTE MANAGEMENT OF NEW JERSEY, INC., Plaintiff-Appellant, v. MORRIS COUNTY MUNICIPAL UTILITIES AUTHORITY, and Solid Waste Services, Inc. d/b/a J.P. Mascaro & Sons, Defendants-Respondents. Covanta 4Recovery, L.P., Plaintiff-Appellant, v. Morris County Municipal Utilities Authority, Solid Waste Services, Inc. d/b/a J.P. Mascaro & Sons, and Waste Management of New Jersey, Inc., Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided December 16, 2013.

Attorney(s) appearing for the Case

Maeve E. Cannon argued the cause for appellant Waste Management of New Jersey, Inc. (Hill Wallack, LLP, attorneys; Patrick D. Kennedy , and Jamie G. O'Donohue , of counsel; Ms. Cannon and Susan L. Swatski , Princeton, of counsel and on the brief).

Jeffrey J. Greenbaum argued the cause for appellant Covanta 4Recovery, L.P. (Sills Cummis & Gross, P.C., attorneys; Mr. Greenbaum and Kenneth F. Oettle , Newark, of counsel and on the brief).

Brent T. Carney argued the cause for respondent Morris County Municipal Utilities Authority (Maraziti, Falcon & Healey, LLP, attorneys; Joseph J. Maraziti , Mr. Carney, Short Hills , and Joanne Vos , of counsel and on the brief).

Thomas P. Scrivo argued the cause for respondent Solid Waste Services, Inc. d/b/a J.P. Mascaro & Sons (McElroy, Deutsch, Mulvaney & Carpenter, LLP, attorneys; Edward B. Deutsch , Morristown, and Mr. Scrivo, Newark, of counsel and on the brief).

Before Judges FISHER, ESPINOSA and KOBLITZ.

The opinion of the court was delivered by

FISHER, P.J.A.D.

In this public bidding matter, we granted leave to appeal the denial of an interlocutory injunction based solely on the trial judge's determination that plaintiffs were not likely to succeed on the merits. Because the judge mistakenly overlooked his authority to impose interlocutory injunctive relief to preserve the parties' positions and subject matter of the suit—even when there are legitimate...

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