Legal Opinion
In re Resolutions No. 88-68 & No. 88-56
New Jersey Superior Court Appellate Division
Decided May 23, 1989No. DOCKET NO. SO88070827PublishedCited by 1 opinion
1Opinion of the Court
The opinion of the court was delivered by
GAULKIN, P.J.A.D.
We hold here that a host community benefit in excess of the $1.00 per ton authorized by N.J.S.A. 13:lE-28 for a municipality having an approved sanitary landfill facility may not be imposed except upon a prior determination of the Board of Public Utilities (BPU) that the resultant rates charged to the landfill users are just and reasonable.
I
Hackensack Meadowlands Development Commission (HMDC) operates an approved sanitary landfill facility on a tract straddling the border between the Borough of North Arlington and the Town of Kearny.…
2Cases cited8 opinions
- Kramer v. BD. OF ADJUST., SEA GIRT.Supreme Court of New Jersey · 1965
- A. A. Mastrangelo, Inc. v. Commissioner of the Department of Environmental ProtectionSupreme Court of New Jersey · 1982
- Van Itallie v. Borough of Franklin LakesSupreme Court of New Jersey · 1958
- In Re Application of Saddle RiverSupreme Court of New Jersey · 1976
- In Re Proposed Increased Intrastate Industrial Sand RatesSupreme Court of New Jersey · 1974
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- In re Township of MansfieldNew Jersey Superior Court Appellate Division · 1992