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N.J. DEPT. OF HEALTH v. ROSELLE

34 N.J. 331 (1961)

169 A.2d 153

DEPARTMENT OF HEALTH, STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. PETER ROSELLE, ET AL., ETC., DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided March 20, 1961.

Attorney(s) appearing for the Case

Mr. Samuel A. Larner argued the cause for defendants-appellants (Messrs. Budd, Larner & Kent, attorneys; Mr. Samuel A. Larner, of counsel).

Mr. William L. Boyan, Deputy Attorney General, argued the cause for plaintiff-respondent (Mr. David D. Furman, Attorney General of New Jersey, attorney; Messrs. William L. Boyan and William D. Hill, of counsel).

The opinion of the court was delivered by WEINTRAUB, C.J.

Plaintiff moved for an order holding defendants in contempt for failure to comply with a final judgment. That judgment, entered with defendants' consent, had ordered them to "cease violating the New Jersey Air Pollution Control Code, as promulgated and adopted by the Air Pollution Control Commission" on premises which they operate as a refuse dump. The Code in turn...

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