MATTER OF PETITION OF LANDFILL AND DEVELOPMENT CO.


207 N.J. Super. 5 (1985)

503 A.2d 881

IN THE MATTER OF THE PETITION OF LANDFILL AND DEVELOPMENT COMPANY FOR AN INCREASE IN RATES.

Superior Court of New Jersey, Appellate Division.

Decided December 19, 1985.


Attorney(s) appearing for the Case

Glen Filippone, Burlington Assistant County Solicitor, argued the cause for appellant Board of Chosen Freeholders of the County of Burlington (Michael J. Hogan, Burlington County Solicitor, attorney; Anton Muschal, Assistant County Solicitor, on the brief).

John F. Pilles, Jr. argued the cause for intervenor-appellant Township of Eastampton (Schlesinger, Schlosser, Foy & Harrington, attorneys; John E. Harrington, Township Solicitor, of counsel and John F. Pilles, Jr., on the brief).

Theodore A. Schwartz argued the cause for respondent Landfill & Development Company (Schwartz, Tobia & Stanziale, attorneys; Steven T. Singer, on the brief).

Robert J. Bernot, Assistant Deputy Public Advocate, argued the cause for respondent Division of Rate Counsel (Alfred A. Slocum, Acting Public Advocate, attorney; Robert J. Bernot, on the letter brief).

Antoinette Bennett, Deputy Attorney General, argued the cause for respondent Board of Public Utilities (Irwin I. Kimmelman, Attorney General, attorney; Antoinette Bennett, on the letter brief).

Before Judges FURMAN, COHEN and ASHBEY.


COHEN, J.A.D.

Landfill and Development Company (L & D) operates a solid waste disposal facility in Burlington County. It applied to the Board of Public Utility Commissioners (BPU) for an increase in rates to raise some $12.9 million to pay for closure measures and post-closure maintenance required by the Department of Environmental Protection (DEP). L & D's petition was opposed, and the matter was therefore transferred to the Office of Administrative Law as...

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