Search Rutgers Law Library N.J. Court Opinions

1 BERK COHEN ASSOCIATES AT RUSTIC VILLAGE, LLC v. BOROUGH OF CLAYTON -- rank: 1000

... P.J.A.D. In this appeal we address whether N.J.S.A. 40:66-1.3 requires a municipality that provides its residents with curbside ... a private hauler. On February 27, 2001, the Legislature enacted N.J.S.A. 40:66-1.3, requiring a municipality that elects to provide its residents ... that service in accordance with the statutory calculation defined in N.J.S.A. 40:66-1.5 or provide the service "in the same manner as ... of the municipality who live along public roads and streets." N.J.S.A. 40:66-1.3 provides, in pertinent part: a. Except as otherwise provided ... with reimbursement payments phased in over a five-year period. N.J.S.A. 40:66-1.3, the Borough offered to collect plaintiff's apartment residents ... it was in full compliance with the service provision of N.J.S.A. 40:66-1.3 was enacted to implement our holding in WHS ...

docket:	a4988-05
court:	njappellate
decided:	2008-09-08
status:	published
citation:	402 N.J. Super. 409
Document Size:	79742

2 Berk Cohen Associates at Rustic Village, LLC v. Borough of Clayton -- rank: 895

... avail themselves of curbside service. In 1991, the Legislature amended N.J.S.A. 40:66-1 to codify that decision and grant discretionary powers to municipalities ... Borough"), for the cost of the dumpster service pursuant to N.J.S.A. 40:66-1.3. The Appellate Division reversed, reasoning that "the Borough satisfied its obligation to plaintiff under N.J.S.A. 40:66-1.3 [by] providing plaintiff with the same type and frequency ... law principles, id. at 423-27, the panel concluded that N.J.S.A. 40:66-1.3 was enacted solely to clarify the discretionary choice given ... 1937 as R.S. 40:66-1, later codified as N.J.S.A. 40:66-1, and now provides: The governing body may provide for the ... solid waste, and for the government of employees connected therewith. [ N.J.S.A. 40:66-1(a).] To account for its stewardship under that statute, ...

docket:	a-55-08
court:
decided:	2009-06-23
status:
citation:
Document Size:	65067

3 KIEJDAN FAMILY, LLC v. BOROUGH OF WOODBINE -- rank: 794

... other entering judgment following a non-jury trial, based on N.J.S.A. 40:66-1.3(a). The statute requires a municipality that provides solid ... concerning collection of solid waste and the statute previously mentioned, N.J.S.A. 40:66-1.3. The Borough's code defined the term "refuse" to ... and] cleaned and sanitized as needed after emptying." The statute, N.J.S.A. 40:66-1.3(a) states: Except as otherwise provided in subsection b ... 40:66-1.4(a)[.]" The letter presumably referred to N.J.S.A. 40:66-1.4(a), which states in pertinent part that when a ... garden apartment complexes. In keeping with that Supreme Court holding, [ N.J.S.A. ] 40:66-1 (which you have failed to cite in your correspondence) has ... alternative to the Borough reimbursing Woodbine Manor as required by N.J.S.A. 40:66-1.3(a) and -1.4(a). Plaintiff developed the ...

docket:	a3178-12
court:	NJ Superior Court Appellate Division
decided:	2015-05-26
status:	unpublished
citation:
Document Size:	43831

4 Thisopinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R.1:36-3 COURT A-0 TIMBER RIDGE, LL -- rank: 794

... 1 Those prior lawsuits alleged that the Borough was violating N.J.S.A. 40:66-1.3 by failing to provide solid waste collection services to ... of the municipality who live along public roads and streets. [ N.J.S.A. 40:66-1.3(a) (emphasis added)]. Timber Ridge and the other Law Division plaintiffs asserted that the Borough was required by N.J.S.A. 40:66-1.3 to furnish solid waste collection services to their multifamily ... decision on reconsideration, the judge construed the applicable statutes, including N.J.S.A. 40:66-1.3, to require multifamily property owners to pay the municipal ... response to WHS Realty , as set forth in particular at N.J.S.A. 40:66-1.3(a), instructs that when a municipality elects to provide ... through a publicly-bid vendor. However, there is nothing in N.J.S.A. 40:66-1.3, or in the rest of the statutory scheme, ...

docket:	a0617-15
court:	NJ Superior Court Appellate Division
decided:	2017-02-02
status:	unpublished
citation:
Document Size:	44441

5 STATE OF NEW JERSEY v. VEOLIA ENVIRONMENTAL WASTE -- rank: 791

... the ordinance does not exceed the regulatory authority delegated within N.J.S.A. 40:66-1.6(b). This appeal followed. II. When reviewing a trial ... authorized municipalities to restrict the hours of solid waste collection. N.J.S.A. 40:66-1.6 provides in relevant part: a. . . . [A] municipal governing body ... that it is being adopted under the enabling authority of N.J.S.A. 40:66-1.6 or -5.1; and does not suggest that it ... welfare of . . . its inhabitants[.]" The absence of any reference to N.J.S.A. 40:66-1.6 or -5.1, and the governing body's adoption ... take place "during the hours when most residents are asleep." N.J.S.A. 40:66-1.6. We emphasize that our holding should not be construed ... municipality. Any such ordinance, however, must be adopted pursuant to N.J.S.A. 40:66-1.6 or 40:66-5.1, and be based ...

docket:	a5224-10
court:	NJ Superior Court Appellate Division
decided:	2012-04-05
status:	unpublished
citation:
Document Size:	24599

6 STATE OF NEW JERSEY v. WASTE MANAGEMENT, INC -- rank: 765

... authorized municipalities to restrict the hours of solid waste collection. N.J.S.A. 40:66-1.6 provides in relevant part: a. . . . [A] municipal governing body ... that it is being adopted under the enabling authority of N.J.S.A. 40:66-1.6 or -5.1; and does not suggest that it ... welfare of . . . its inhabitants[.]" The absence of any reference to N.J.S.A. 40:66-1.6 or -5.1, and the governing body's adoption ... take place "during the hours when most residents are asleep." N.J.S.A. 40:66-1.6. We emphasize that our holding should not be construed ... municipality. Any such ordinance, however, must be adopted pursuant to N.J.S.A. 40:66-1.6 or 40:66-5.1, and be based on ...

docket:	a6059-09
court:	NJ Superior Court Appellate Division
decided:	2011-04-13
status:	unpublished
citation:
Document Size:	20862

7 D.D. RESIDENTIAL, LP v. TOWNSHIP OF HAMILTON, et al. -- rank: 653

... if provided by the municipality directly to the multifamily dwelling[.]" N.J.S.A. 40:66-1.3a. Plaintiff asserted that its "actual cost" was the cost ... omitted). Given these, principles, we turn to the statutory scheme. N.J.S.A. 40:66-1.4a requires reimbursement when the municipality elects not to "provide ... must be reimbursed the "actual cost . . . . of providing that service[.]" N.J.S.A. 40:66-1.3a. The term "that service" can only be read to ... the residents of the municipality" by the municipality described in N.J.S.A. 40:66-1.4a. The effect is to limit reimbursement to the costs ... other residents of the municipality. That interpretation is confirmed by N.J.S.A. 40:66-1.4b, which requires the multifamily complex to use the reimbursement ...

docket:	a6016-04
court:	njappellate
decided:	2006-07-24
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	37749

8 POWDER MILL HEIGHTS L.L.C. v. TOWNSHIP OF PARSIPPANY-TROY HILLS -- rank: 644

... reimbursement of past garbage and recyclable collection costs, pursuant to N.J.S.A. 40:66-1.3, from 2009 forward. The statute requires a municipality to ... for reimbursement of its solid waste disposal costs pursuant to N.J.S.A. 40:66-1.3(a). The trial court found that curbside collection as ... law de novo. Nicholas , supra , 213 N.J. at 478. N.J.S.A. 40:66-1.3(a) provides, in pertinent part: [W]hen solid waste ...

docket:	a2038-13
court:	NJ Superior Court Appellate Division
decided:	2014-11-26
status:	unpublished
citation:
Document Size:	31514

9 HEATHERS REALTY, LLC v. BOROUGH OF LINDENWOLD -- rank: 641

... waste and recyclable removal from its apartment complex pursuant to N.J.S.A. 40:66-1.3. We affirm. Plaintiff is the owner of a 276 ... from onsite dumpsters. On February 27, 2001, the Legislature enacted N.J.S.A. 40:66-1.3, requiring a municipality that elects to provide solid waste ... that service in accordance with the statutory calculation defined in N.J.S.A. 40:66-1.5 or provide the service "in the same manner as ... of the municipality who live along public roads and streets." N.J.S.A. 40:66-1.3a. This reimbursement or provision of services commenced for local ... with reimbursement payments phased in over a five-year period. N.J.S.A. 40:66-1.3 by offering curbside pickup. We are satisfied the motion ... the Borough's decision to elect the second alternative of N.J.S.A. 40:66-1.3 and provide municipal waste collection services. Moreover, the ...

docket:	a2757-06
court:	NJ Superior Court Appellate Division
decided:	2008-09-08
status:	unpublished
citation:
Document Size:	18012

10 STEEPLECHASE VILLAGE, INC. v. TOWNSHIP OF EGG HARBOR et al. -- rank: 552

... 61. In the aftermath of WHS Realty , the Legislature enacted N.J.S.A. 40:66-1.3, which requires municipalities that provide residential trash collection to ...

docket:	A0831-05
court:	NJ Superior Court Appellate Division
decided:	2006-07-19
status:	unpublished
citation:
Document Size:	46247