City of Paterson v. Passaic County Board of Chosen Freeholders

The opinion of the court was delivered by

CUFF, J.A.D.

These consolidated appeals address the coordinated actions of the Passaic County Board of Chosen Freeholders (Passaic County) and the Passaic County Utilities Authority (PCUA) to assure repayment of debt issued by the PCUA. The ability of the PCUA to meet its debt obligations has been jeopardized by the invalidation of the State-imposed solid waste management plan and the consequent precipitous drop in revenue to the PCUA. We must determine whether the Environmental Investment Charge (EIC) 1 an essential element of the PCUA’s financial…