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CITY OF NEWARK v. ESSEX CTY. BD. OF CHOSEN FREEHOLDERS

221 N.J. Super. 558 (1987)

535 A.2d 517

CITY OF NEWARK, A MUNICIPAL CORPORATION OF NEW JERSEY, AND SHARPE JAMES, MAYOR OF THE CITY OF NEWARK AND A TAXPAYER, PLAINTIFFS-APPELLANTS, v. ESSEX COUNTY BOARD OF CHOSEN FREEHOLDERS, NICHOLAS AMATO, ESSEX COUNTY EXECUTIVE, THE NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, THE NEW JERSEY BOARD OF PUBLIC UTILITIES, THE NEW JERSEY DEPARTMENT OF COMMUNITY AFFAIRS, HUDSON-ESSEX-PASSAIC SOIL CONSERVATION DISTRICT, AND THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided December 16, 1987.

Attorney(s) appearing for the Case

Michael Gordon argued the cause for appellants (Gordon, Gordon & Haley, attorneys; Michael Gordon and Stefanie Brand, on the brief).

H. Curtis Meanor, Acting Essex County Counsel, argued the cause for respondent Nicholas R. Amato, County Executive (Norman Schulaner, Assistant County Counsel, on the brief).

Eileen P. Kelly, Deputy Attorney General, argued the cause for respondents New Jersey Department of Environmental Protection, New Jersey Board of Public Utilities, the New Jersey Department of Community Affairs, and the Hudson-Essex-Passaic Soil Conservation District (W. Cary Edwards, Attorney General of New Jersey, attorney; Michael R. Clancy, Deputy Attorney General, of counsel; Eileen P. Kelly, on the brief).

Before Judges PETRELLA, DREIER and BAIME.

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

Plaintiff, the City of Newark (City) has appealed from an approval by the New Jersey Department of Environmental Protection (DEP) of an amended Essex County Solid Waste Management Plan. On July 2, 1987, the City filed an order to show cause and a verified complaint in lieu of prerogative writs in the Law Division challenging the construction and operation of two waste transfer facilities in the City of Newark...

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