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HEALTH DEPT. v. UTILITIES AUTH.

260 N.J. Super. 588 (1992)

617 A.2d 300

MIDDLESEX COUNTY HEALTH DEPARTMENT, PLAINTIFF-APPELLANT, v. MIDDLESEX COUNTY UTILITIES AUTHORITY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided December 14, 1992.

Attorney(s) appearing for the Case

Edward Gross, Middlesex County Counsel, attorney for appellant (Florence J. Lotrowski, Deputy County Counsel, on the brief).

Wilentz, Goldman & Spitzer, attorneys for respondent (Francis X. Journick, Jr., of counsel and on the brief).

Before Judges MICHELS, BILDER and WALLACE.

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

This appeal had its genesis in a summons issued to defendant Middlesex County Utilities Authority by plaintiff Middlesex County Health Department charging that the MCUA was emitting landfill gas odors from its Edgeboro Sanitary Landfill in violation of the Sayreville air pollution ordinance. In response to a MCUA motion challenging application of the local ordinance to it, the Sayreville Municipal Judge dismissed...

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