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SO. OCEAN LANDFILL v. MAYOR & COUN. TP. OF OCEAN

64 N.J. 190 (1974)

314 A.2d 65

SOUTHERN OCEAN LANDFILL, INC., A NEW JERSEY CORPORATION, PLAINTIFF-APPELLANT, v. MAYOR AND COUNCIL OF THE TOWNSHIP OF OCEAN; THE TOWNSHIP OF OCEAN, A MUNICIPAL CORPORATION; THE TOWNSHIP OF OCEAN BOARD OF HEALTH AND WILLIAM SENKBEIL, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided January 22, 1974.

Attorney(s) appearing for the Case

Mr. Vincent J. Dotoli argued the cause for appellant.

Mr. Garry J. Roettger argued the cause for respondents (Messrs. Hiering, Grasso, Gelzer & Kelaher, attorneys).

Mr. George F. Kugler, Jr., Attorney General of New Jersey, filed a brief for amici curiae Board of Public Utility Commissioners and the Department of Environmental Protection.

The opinion of the Court was delivered by SULLIVAN, J.

Plaintiff Southern Ocean Landfill, Inc. is the operator of a sanitary landfill on property owned by it in Ocean Township. It has obtained the necessary permit to operate from the Board of Public Utility Commissioners under the Solid Waste Utility Control Act of 1970 (N.J.S.A. 48:13A-1 et seq.) and the approval of the Department of Environmental Protection...

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