Clyde v. Mansfield Township

The opinion of the court was delivered by

DREIER, J.A.D.

Super Kwik, Inc., a licensed solid waste hauler, appeals from a summary judgment upholding provisions of the traffic control ordinances of Mansfield Township and Florence Township. The ordinances required that waste haulers passing through the Townships follow the precise routes specified by Plan Amendment 87-2 to the Burlington County District Solid Waste Management Plan. The narrow issue presented in this case is whether the Solid Waste Management Act,. N.J.S.A. 13:1E-1 to -48, preempted the municipalities’ authority to enact conforming…