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LITTLE FALLS TP. v. BARDIN

173 N.J. Super. 397 (1979)

414 A.2d 559

TOWNSHIP OF LITTLE FALLS, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, APPELLANT, v. DAVID J. BARDIN, COMMISSIONER OF THE STATE OF NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, ET AL., RESPONDENTS. TOWNSHIP OF LITTLE FALLS, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, APPELLANT, v. BOARD OF PUBLIC UTILITY COMMISSIONERS AND CARRINO CONTRACTING & TRUCKING CO., INC., RESPONDENTS. CARRINO CONTRACTING & TRUCKING CO., INC., ETC., PLAINTIFF-RESPONDENT, v. TOWNSHIP OF LITTLE FALLS ET AL., DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided September 27, 1979.

Attorney(s) appearing for the Case

James V. Segreto argued the cause for appellant Township of Little Falls.

John J. Degnan, Attorney General, filed a Joint Statement in Lieu of Brief on behalf of respondent Department of Environmental Protection and respondent Board of Public Utility Commissioners (A-3280-74; A-28-75) (John M. Van Dalen and Carla V. Bello, Deputy Attorneys General, of counsel).

Nathan M. Edelstein, Deputy Attorney General, argued the cause for amicus curiae, Commissioner of New Jersey Department of Environmental Protection (A-4241-77) (John J. Degnan, Attorney General, attorney; Stephen Skillman, Assistant Attorney General, of counsel).

Robert S. Moraff argued the cause for respondent Carrino Contracting & Trucking Co. (A-4241-77) (Marcus, Fiorello & Moraff, attorneys).

Before Judges MATTHEWS, ARD and POLOW.

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

This appeal consolidates three appeals, each of which arose from the same basic dispute. Appellant Township of Little Falls (township) appeals from the decision of the New Jersey Department of Environmental Protection (DEP) granting the application of respondent Carrino Contracting & Trucking Co., Inc. (Carrino) for registration of a solid waste disposal...

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