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TP. COMMITTEE OF SOUTH HARRISON TP. v. GLOUCESTER COUNTY BD.

213 N.J. Super. 179 (1985)

516 A.2d 1140

TOWNSHIP COMMITTEE OF THE TOWNSHIP OF SOUTH HARRISON; MARY ANN ALLS; HERBERT DANNER; WARREN MORGAN; THOMAS SORBELLO; AND RUSSELL MARINO, PLAINTIFFS, v. BOARD OF CHOSEN FREEHOLDERS OF THE COUNTY OF GLOUCESTER AND NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, DEFENDANTS. KINSLEY'S LANDFILL, INC., PLAINTIFF, v. GLOUCESTER COUNTY BOARD OF CHOSEN FREEHOLDERS; NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION; AND ROBERT S. HUGHEY, COMMISSIONER OF THE NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, DEFENDANTS.

Superior Court of New Jersey, Law Division Gloucester County.

Decided August 15, 1985.

Attorney(s) appearing for the Case

Lewis Goldshore, Lawrenceville, for plaintiffs (Goldshore and Wolf, attorneys).

Robert Rochford, Roseland, for plaintiff Kinsley's Landfill, Inc. (Carella, Byrne, Bain & Gilfillian, attorneys).

Bruce Hasbrouck, Woodbury, for defendant Board of Chosen Freeholders of Gloucester Cty. (Hasbrouck & Uliase, attorneys).

Harley A. Williams, Jr., Dep. Atty. Gen. (Irwin I. Kimmelman, Atty. Gen. of N.J.), for Defendant D.E.P.

MILLER, EDWARD S., J.S.C.

This prerogative writ action challenges the actions of the Board of Chosen Freeholders of Gloucester County in selecting a certain area in the Township of South Harrison in Gloucester County as the site for a county sanitary landfill. The suit not only challenges the environmental wisdom of the selection but further raises issues as to the legitimacy of the actions taken by the Board of Freeholders...

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