Berk Cohen Associates at Rustic Village, LLC v. Borough of Clayton

At the heart of this case is N.J.S.A. 40:66-1.3(a), which establishes the procedures to be followed when a municipality provides solid waste collection services to its residents. In particular, the statute sets up a scheme in connection with multifamily dwellings that requires either reimbursement for the solid waste collection costs up to a stated cap, or the provision of those services “in the same manner as provided to the residents of the municipality who live along public roads and streets.” N.J.S.A. 40:66-1.3(a).

Here, the municipality decided to satisfy its obligation under N.J.S.A.…