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ROLLINS ENVIRONMENTAL SERVICES, INC. v. LOGAN TP.

209 N.J. Super. 556 (1986)

508 A.2d 271

ROLLINS ENVIRONMENTAL SERVICES (NJ), INC., A DELAWARE CORPORATION, PLAINTIFF-APPELLANT, AND STATE OF NEW JERSEY, DEPARTMENT OF ENVIRONMENTAL PROTECTION, APPELLANT-INTERVENOR, v. TOWNSHIP OF LOGAN, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided May 6, 1986.

Attorney(s) appearing for the Case

Charles Lee Harp, Jr., argued the cause for plaintiff-appellant (Archer & Greiner, attorneys; Charles Lee Harp, Jr., and Sean T. O'Meara, on the brief).

Robert M. Turrin, Deputy Attorney General, argued the cause for appellant-intervenor (W. Cary Edwards, Attorney General of New Jersey, attorney; James J. Ciancia, Assistant Attorney General, of counsel; Robert M. Turrin, on the brief).

Timothy S. Haley argued the cause for respondent (Gordon and Gordon, attorneys; Timothy S. Haley and Harold L. Crass, on the brief).

Before Judges FRITZ, BRODY and BAIME.

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

Cross-motions for summary judgment produced a judgment dismissing plaintiff's challenge to defendant Township's environmental protection ordinance. The ordinance prohibits "storage and/or accumulation and/or disposal" of polychlorinated byphenyls (PCBs) in designated "environmentally sensitive areas" in the municipality. Plaintiff owns and operates a solid waste disposal facility located within a designated area...

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