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TP. OF EAST BRUNSWICK v. MIDDLESEX CTY. BD. OF FREEHOLDERS

224 N.J. Super. 44 (1987)

539 A.2d 756

TOWNSHIP OF EAST BRUNSWICK, A MUNICIPAL CORPORATION; STANLEY FISCHER, SUSAN TAKACS, CECILIA SALVI, CLAIRE MARESE, AND AUDREY MANTEL, INDIVIDUALLY AND ON BEHALF OF ALL OTHER RESIDENTS OF THE TOWNSHIP OF EAST BRUNSWICK, SIMILARLY SITUATED, PLAINTIFFS, v. MIDDLESEX COUNTY BOARD OF FREEHOLDERS; UNION COUNTY BOARD OF FREEHOLDERS; MORRIS COUNTY BOARD OF FREEHOLDERS; SOMERSET COUNTY BOARD OF FREEHOLDERS; EDGEBORO DISPOSAL, INC., A NEW JERSEY CORPORATION; THE NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION; THE NEW JERSEY BOARD OF PUBLIC UTILITIES; AND JOHN DOE 1-10,000 REPRESENTING THE INDIVIDUAL GARBAGE HAULERS USING THE EDGEBORO LANDFILL, DEFENDANTS.

Superior Court of New Jersey, Chancery Division Middlesex County.

Decided December 14, 1987.

Attorney(s) appearing for the Case

Stephen H. Skoller for plaintiff Township of East Brunswick (Lowenstein, Sandler, Kohl, Fisher Boylan, attorneys).

Linda Hatt-DuFour for defendant Middlesex County Board of Freeholders (Middlesex County Counsel, attorney).

Jeremiah O'Dwyer for defendant Union County Board of Freeholders (Union County Counsel, attorney).

William E. Ozzard for defendant Somerset County Board of Freeholders (Somerset County Counsel, attorney).

Herbert M. Strulowitz for defendant Morris County Board of Freeholders (Morris County Counsel, attorney).

Lorraine Teleky-Petrella for defendant Edgeboro Disposal, Inc., attorney.

Michael Care for defendant The New Jersey Department of Environmental Protection (W. Carey Edwards, Attorney General of the State of New Jersey, attorney).

BACHMAN, J.S.C.

This is one of a series of cases which have emanated from the garbage crisis facing the State of New Jersey in general, and Central New Jersey in particular. It involves Edgeboro Landfill which has been serving, among others, Middlesex, Somerset, Union and Morris Counties.

The Complaint in this cause of action named as defendants the New Jersey Department of Environmental Protection (DEP) the...

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