Carmine Forgione & Sons, Inc. v. Township of Bernards

The opinion of the court was delivered by

KESTIN, J.A.D.

The Township of Bernards (Township) appeals from a judgment of the Law Division in an action in lieu of prerogative writs, R. 4:69. The trial court declared Section 3-9.3.2 of the Township’s Ordinance No. 1325 to be invalid because pre-empted by State law insofar as it established different hours of solid waste collection than were provided in plaintiffs tariff approved by the Department of Environmental Protection. The matter was decided on cross-motions for summary judgment. We affirm.

The ordinance section under review provides:

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