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PORT OF MONMOUTH DEV. v. MIDDLETOWN

229 N.J. Super. 445 (1988)

551 A.2d 1030

PORT OF MONMOUTH DEVELOPMENT CORPORATION, PLAINTIFF-APPELLANT, v. MIDDLETOWN TOWNSHIP, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided December 28, 1988.

Attorney(s) appearing for the Case

Kevin P. Cooke argued the cause for appellant (Winne, Banta, Rizzi, Hetherington & Basralian, attorneys; Joseph L. Basralian, of counsel; Donald A. Klein and Kevin P. Cooke on the brief).

Bernard M. Reilly argued the cause for respondent (Dowd & Reilly, attorneys; Bernard M. Reilly on the brief).

Before Judges J.H. COLEMAN and BAIME.

The opinion of the court was delivered by COLEMAN, J.H., P.J.A.D.

The crucial issue raised in this appeal is whether a successor in title to land used as a municipal sanitary landfill can compel the former municipal operator of the landfill to comply with its closure responsibilities. Plaintiff filed a complaint on April 1, 1986 seeking an injunction directing defendant to comply with its closure obligations under the Solid Waste Management Act (SWMA), N.J.S.A...

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