Carothers v. Capozziello, No. 89-364749 (Oct. 10, 1990)

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.] MEMORANDUM OF DECISION ON PLAINTIFFS' MOTION TO STRIKE SPECIAL DEFENSES FACTUAL BACKGROUND

The plaintiff, Leslie Carothers, Commissioner of Environmental Protection, brings a five count complaint dated July 13, 1989 against two defendants, Geno Capozziello and Russell Capozziello. The complaint alleges that the defendants engaged in various conduct constituting violations of state statutes and regulations, consisting primarily of operating a solid waste facility without a permit.

The defendants filed revised…