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UNITED WATER NJ v. BOROUGH

DOCKET NO. A-0299-13T4

103 A.3d 309 (2014)

438 N.J. Super. 309

UNITED WATER NEW JERSEY, INC., Plaintiff-Respondent, v. BOROUGH OF HILLSDALE, Mayor and Counsel of the Borough of Hillsdale, Defendants. Hillsdale & Westwood Flood Solution Group, and Antonio Xavier and Wendy Xavier, Intervenors-Appellants.

Superior Court of New Jersey, Appellate Division.

Decided November 26, 2014.

Attorney(s) appearing for the Case

Donald S. MacLachlan argued the cause for appellants (MacLachlan Law Offices, LLC, attorneys; Mr. MacLachlan , Ridgewood, on the briefs).

Thomas J. Herten argued the cause for respondent (Archer & Greiner, P.C., attorneys; Mr. Herten , of counsel; Andrew T. Fede , Hackensack, on the brief).

Lisa M. Almeida , Deputy Attorney General, argued the cause for amicus curiae State of New Jersey Department of Environmental Protection ( John J. Hoffman , Acting Attorney General, attorney; Melissa H. Raksa , Assistant Attorney General, of counsel; Ms. Almeida , on the brief).

Before Judges YANNOTTI, HOFFMAN and WHIPPLE.

The opinion of the court was delivered by

Intervenors Hillsdale and Westwood Flood Solution Group (the "HWFSG"), Antonio Xavier and Wendy Xavier (the "Xaviers") appeal from an order of the Law Division dated August 1, 2013, finding that the Borough of Hillsdale ("Hillsdale" or the "Borough") was preempted by state law...

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