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NATIONAL WASTE RECYCLING, INC. v. MCIA

150 N.J. 209 (1997)

695 A.2d 1381

NATIONAL WASTE RECYCLING, INC. AND JOHN GRYWALSKI, PLAINTIFFS, AND DEPARTMENT OF ENVIRONMENTAL PROTECTION AND DIVISION OF LOCAL GOVERNMENT SERVICES, INTERVENORS-APPELLANTS, v. THE MIDDLESEX COUNTY IMPROVEMENT AUTHORITY AND WASTE MANAGEMENT OF NORTH JERSEY, INC., DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided July 17, 1997.

Attorney(s) appearing for the Case

Regina H. Nugent, Deputy Attorney General, argued the cause for intervenors-appellants (Peter G. Verniero, Attorney General of New Jersey, attorney; Andrea M. Silkowitz, Assistant Attorney General, of counsel).

Jonathan L. Williams argued the cause for respondent Middlesex County Improvement Authority (DeCotiis, Fitzpatrick & Gluck, attorneys; Benjamin Clarke, on the brief).

Robert S. Moraff argued the cause for respondent Waste Management of North Jersey, Inc. (Schwartz, Tobia, Stanziale, Becker, Rosensweig & Sedita and Ambrosio, Kyreakakis, DiLorenzo, Moraff & McKenna, attorneys).

The opinion of the Court was delivered by STEIN, J.

Under the Local Public Contracts Law (LPCL), N.J.S.A. 40A:11-1 to -49, local public entities must submit any proposed purchase of goods or services in excess of $7500 to public advertisement and bidding. See N.J.S.A. 40A:11-3, -4. The LPCL provides a number of exemptions from the bidding requirement. See N.J.S.A. 40A:11-5. N.J.S.A. 40A:11-5(1)(s) provides an exemption from the public bidding...

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