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FLAGG v. ESSEX COUNTY PROSECUTOR

796 A.2d 182 (2002)

171 N.J. 561

James FLAGG, Plaintiff-Appellant, v. ESSEX COUNTY PROSECUTOR, Defendant-Respondent.

Supreme Court of New Jersey.

Decided February 11, 2002.

Attorney(s) appearing for the Case

David M. Beckerman, South Orange, argued the cause for appellant, (Beckerman & Beckerman, attorneys).

Barbara A. Rosenkrans, Acting Assistant Prosecutor, argued the cause for respondent (Donald C. Campolo, Acting Essex County Prosecutor, attorney).

Lisa Sarnoff Gochman, Deputy Attorney General, argued the cause for amicus curiae, Attorney General of New Jersey, (John J. Farmer, Jr., Attorney General, attorney).

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

This appeal involves a municipal worker whose job was forfeited based on illegal disposition of solid waste, a disorderly persons offense under the Solid Waste Management Act (Act), N.J.S.A. 13:1E-9.4. We are called on to establish the appropriate standard for determining whether the Attorney General or a county prosecutor has properly declined to seek a waiver...

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