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MORRIS CTY. TSFR. v. FRANK'S SANITATION

260 N.J. Super. 570 (1992)

617 A.2d 291

MORRIS COUNTY TRANSFER STATION, INC., PLAINTIFF-APPELLANT, v. FRANK'S SANITATION SERVICE, INC.; AMERICAN RESOURCE RECOVERY, INC.; PAN AUTOMOTIVE PARTS AND SUPPLY, INC.; MICHAEL DIMARCO, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided December 11, 1992.

Attorney(s) appearing for the Case

John K. Enright, attorney for appellant.

Pisacane, Anderson & Cahill, attorneys for respondents (Richard M. Pisacane, on the briefs).

Eugene P. Chell and Riker, Danzig, Scherer, Hyland & Perretti, submitted a joint brief on behalf of amici curiae Gloucester County Improvement Authority and Wheelabrator Gloucester Company, L.P. (Michael R. Cole, Edward K. DeHope and Eugene P. Chell, of counsel; James C. Meyer, on the briefs).

Before Judges ANTELL, DREIER and SKILLMAN.

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

Plaintiff appeals by leave granted from an order of the Law Division denying its application for a preliminary injunction to restrain defendant Frank's Sanitation Service, Inc. (hereinafter "defendant") from diverting solid waste from plaintiff's transfer stations. The application for relief was made on the basis of common law equitable principles, the Solid Waste Utility Control Act, N.J.S.A. 48:13A...

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