Camden County Energy Recovery Associates, L.P. v. New Jersey Department of Environmental Protection

786 A.2d 105, 170 N.J. 246, 2001 N.J. LEXIS 1508

• Court: Supreme Court of New Jersey
• Decided: December 20, 2001
• Status: Published

Opinion

PER CURIAM.

We affirm the judgment of the Appellate Division substantially for the reasons expressed in Judge Wefing’s thoughtful and persuasive opinion. In affirming, we are mindful of information provided at oral argument that, because of legislative appropriations, none of the bonds issued by the Pollution Control Financing Authority of Camden County is in default and that the Legislature is continuing to pursue a comprehensive solution to the statewide problem characterized by this litigation.

Notwithstanding Camden County’s contention before us that its claim for declaratory judgment relief against the State should survive the Appellate Division’s disposition, we agree that all claims against the State are to be dismissed. In our view, the Appellate Division’s disposition clearly and adequately provides the County with the declaration of “rights, status and other legal relations,” N.J.S.A. 2A:16-52, that it sought pursuant to its amended cross-claim.

For affirmance — Chief Justice PORITZ and Justices STEIN, COLEMAN, VERNIERO and ZAZZALI — 5.

Opposed — None.