City of Patterson v. Passaic County Board of Chosen Freeholders

I would affirm the judgment of the Appellate Division upholding the EIC for the reasons expressed in the thorough and thoughtful opinion of Judge Cuff. 321 N.J.Super. 186, 728 A.2d 323 (1999). The issue here is straightforward: whether N.J.S.A. 40:14B-22.1, a statute that the majority acknowledges is “ambiguous and susceptible to more than one interpretation,” ante at 300, 753 A.2d at 679, can sustain the construction impressed upon it by the Passaic County Utilities Authority (PCUA), the Local Finance Board (LFB), the Department of Environmental Protection (DEP) and the Appellate Division.…