Legal Opinion
Holgate Property Associates v. Township of Howell
New Jersey Superior Court Appellate Division
Decided July 28, 1995PublishedCited by 2 opinions
1Opinion of the Court
The opinion of the court was delivered by
SKILLMAN, J.A.D.
The primary issue presented by this appeal is whether the Department of Environmental Protection (DEP) must designate the site for a solid waste or sludge disposal facility in conformity with the procedures and criteria that govern solid waste planning under the Solid Waste Management Act (SWMA), N.J.S.A 13:1E-1 to -48, in order to preempt municipal zoning.
It is appropriate at the outset to set forth the pertinent provisions of the SWMA. This legislation designates each county and the Hackensack Meadowlands Development District as solid…
2Cases cited15 opinions
- A. A. Mastrangelo, Inc. v. Commissioner of the Department of Environmental ProtectionSupreme Court of New Jersey · 1982
- Ringlieb v. Township of Parsippany-Troy HillsSupreme Court of New Jersey · 1971
- So. Ocean Landfill v. Mayor & Coun. Tp. of OceanSupreme Court of New Jersey · 1974
- Little Falls Tp. v. BardinNew Jersey Superior Court Appellate Division · 1979
- Chester Tp. v. Environmental Protection Dep'tNew Jersey Superior Court Appellate Division · 1981
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3Cited by2 opinions
- Holgate Property Associates v. Township of HowellSupreme Court of New Jersey · 1996
- Holgate Property Associates v. Township of HowellSupreme Court of New Jersey · 1996