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OCEAN CTY. UTIL. AUTHORITY v. PLANNING BD.

223 N.J. Super. 461 (1988)

538 A.2d 1307

THE OCEAN COUNTY UTILITIES AUTHORITY, PLAINTIFF-RESPONDENT, CROSS-APPELLANT, v. THE PLANNING BOARD OF THE TOWNSHIP OF BERKELEY, OCEAN COUNTY, NEW JERSEY, DEFENDANT-APPELLANT, CROSS-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided March 10, 1988.

Attorney(s) appearing for the Case

Edward F. Liston, Jr., argued the cause for appellant, cross-respondent (Carluccio & Liston, attorneys).

Richard H. Woods argued the cause for respondent, cross-appellant (Hiering, Dupignac & Barnes, attorneys).

Before Judges FURMAN, BRODY and LONG.

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

Defendant Planning Board appeals from judgment in this prerogative writ action exempting plaintiff Ocean County Utilities Authority (OCUA), because of State preemption under the Solid Waste Management Act, N.J.S.A. 13:1E-1 et seq., from the requirement of municipal site plan or variance approval for its proposed sludge management and recovery...

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