Township Committee v. Board of Chosen Freeholders

New Jersey Superior Court App Division

Township Committee v. Board of Chosen Freeholders

491 A.2d 85, 200 N.J. Super. 317, 1985 N.J. Super. LEXIS 1249

CourtNew Jersey Superior Court Appellate Division

DecidedJanuary 30, 1985

StatusPublished

This text of 491 A.2d 85 (Township Committee v. Board of Chosen Freeholders) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Township Committee v. Board of Chosen Freeholders, 491 A.2d 85, 200 N.J. Super. 317, 1985 N.J. Super. LEXIS 1249 (N.J. Ct. App. 1985).

Pincite

Opinion

MILLER, EDWARD S., J.S.C.

I have been asked to restrain the required administrative actions of the County of Gloucester and Department of Environmental Protection in reviewing an amendment to the county’s solid waste plan designating a stated site in South Harrison Township. Action was taken by the county on December 28, 1984, pursuant to an order of Judge Samuel G. DeSimone in a case involving the Kinsley Landfill. Judge DeSimone directed steps be taken by February 1, 1985 and this is being done.

Particularly given the emergent matter of the solid waste problem in New Jersey and in Gloucester County, the court declines to slow this process in any manner. The Department of Environmental Protection and county are ordered to allow plaintiffs to present any evidence or arguments to the Department of Environmental Protection. Further, this court will monitor, at frequent intervals, the progress of this case to insure protection of plaintiffs’ rights. However, in the opinion of this court, to restrain these actions in the face of the imminent public health problem would be an abdication of the court’s responsibilities. Plaintiffs are being, and will be, provided with all procedural protection but the case cannot be halted in place or disaster may occur.

Free access — add to your briefcase to read the full text and ask questions with AI

MILLER, EDWARD S., J.S.C.

I have been asked to restrain the required administrative actions of the County of Gloucester and Department of Environmental Protection in reviewing an amendment to the county’s solid waste plan designating a stated site in South Harrison Township. Action was taken by the county on December 28, 1984, pursuant to an order of Judge Samuel G. DeSimone in a case involving the Kinsley Landfill. Judge DeSimone directed steps be taken by February 1, 1985 and this is being done.

Particularly given the emergent matter of the solid waste problem in New Jersey and in Gloucester County, the court declines to slow this process in any manner. The Department of Environmental Protection and county are ordered to allow plaintiffs to present any evidence or arguments to the Department of Environmental Protection. Further, this court will monitor, at frequent intervals, the progress of this case to insure protection of plaintiffs’ rights. However, in the opinion of this court, to restrain these actions in the face of the imminent public health problem would be an abdication of the court’s responsibilities. Plaintiffs are being, and will be, provided with all procedural protection but the case cannot be halted in place or disaster may occur.

Cite This Page — Counsel Stack

Bluebook (online)

491 A.2d 85, 200 N.J. Super. 317, 1985 N.J. Super. LEXIS 1249, Counsel Stack Legal Research, https://law.counselstack.com/opinion/township-committee-v-board-of-chosen-freeholders-njsuperctappdiv-1985.