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IN RE APPLICATION COMBUSTION EQUIPMENT ASSOCS., INC.

169 N.J. Super. 305 (1979)

404 A.2d 1194

IN THE MATTER OF THE APPLICATION OF COMBUSTION EQUIPMENT ASSOCIATES, INC. PURSUANT TO N.J.S.A. 13:1E-1 ET SEQ. FOR A REGISTRATION OF A SOLID WASTE RESOURCE FACILITY. ESSEX COUNTY IMPROVEMENT AUTHORITY, A BODY CORPORATE AND POLITIC OF THE STATE OF NEW JERSEY, APPELLANT, v. COMBUSTION EQUIPMENT ASSOCIATES, A NEW YORK CORPORATION, RESPONDENT, AND DEPARTMENT OF ENVIRONMENTAL PROTECTION, RESPONDENT, AND CITY OF NEWARK, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, INTERVENOR-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided June 26, 1979.

Attorney(s) appearing for the Case

Mr. Michael R. Perle argued the cause for appellant.

Mr. Kevin J. Coakley argued the cause for respondent Combustion Equipment Associates (Messrs. Connell, Foley & Geiser, attorneys; Mr. Adrian M. Foley, Jr., of counsel).

Mr. Nathan M. Edelstein, Deputy Attorney General, argued the cause for respondent Department of Environmental Protection (Mr. John J. Degnan, Attorney General, attorney; Ms. Erminie Conley, Assistant Attorney General, of counsel).

Mr. Melvin Simon argued the cause for intervenor-respondent (Mr. Salvatore Perillo, attorney).

Before Judges LYNCH, CRANE and HORN.

The opinion of the court was delivered by HORN, J.A.D.

This appeal calls upon us to interpret the Solid Waste Management Act (act), N.J.S.A. 13:1E-1 et seq., within the context of delineating the contours of the jurisdiction and powers of counties as opposed to the State Department of Environmental Protection (Department) with respect to authorization to construct new solid waste facilities. An earlier confrontation between the parties is recorded in...

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