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INT'L BROTHERHOOD v. TINTON FALLS

DOCKET No. A-3565-19.

257 A.3d 674 (2021)

468 N.J. Super. 214

INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL 400, James Berry, and Joseph Volpe, Plaintiffs-Appellants, v. BOROUGH OF TINTON FALLS, New Jersey Department of Community Affairs, Cary Costa, in his official capacity as Construction Official and Building Sub-Code Official of the Borough of Tinton Falls, and Scott Borsos, in his official capacity as Construction Official of the Department of Community Affairs, Defendants-Respondents. CS Energy, LLC, and CS Energy Devco, LLC, Intervenors-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided June 15, 2021.

Attorney(s) appearing for the Case

Matthew B. Madsen argued the cause for appellants (O'Brien, Belland & Bushinsky, LLC, attorneys; Mark E. Belland , Moorestown, and Matthew B. Madsen , on the briefs).

Scott W. Kenneally argued the cause for respondents Borough of Tinton Falls and Cary Costa (Starkey, Kelly, Kenneally, Cunningham & Turnbach, attorneys; Scott W. Kenneally , Toms River, on the briefs).

Patrick D. Tobia argued the cause for respondents New Jersey Department of Community Affairs and Scott Borsos (Gordon Rees Scully Mansukhani, LLP, attorneys; Patrick D. Tobia , Florham Park, of counsel and on the briefs; Izik L. Gutkin , on the brief).

Laura M. Kessler argued the cause for intervenors-respondents (Sills Cummis & Gross, PC, attorneys; Joshua N. Howley and Laura M. Kessler , Newark, of counsel and on the briefs).

Before Judges Sabatino, Currier and Gooden Brown.

The opinion of the court was delivered by

This case arises out of the development of a solar energy power plant on land leased by private parties from the United States Department of the Navy at Naval Weapons Station Earle (NWS Earle). Because plaintiffs1 did not sue the Navy or the United States...

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