Holgate Property Associates v. Township of Howell

The opinion of the Court was delivered by

HANDLER, J.

In this case, the Department of Environmental Protection authorized a property owner to use a sludge-derived product to make topsoil at a site that had long been used for soil removal. As a result of complaints by neighbors regarding the smell and concerns expressed about contamination of the water supply, the municipality in which the site was located issued an order prohibiting the owner from further use of the sludge-derived product. It also required the owner to apply for authorization for that use of its property under the local zoning…