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 pickup ... 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 with ... 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 in ... 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' trash ... 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 Realty Co ... streets and thus constitutes "services in the same manner" under N.J.S.A. 40:66-1.3. The Borough emphasizes that the Solid Waste Disposal statutes ...

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

2 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: 896

... 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 the ... 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 properties ... 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 fee ... 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 solid ... 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, that ...

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status:	unpublished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

3 Berk Cohen Associates at Rustic Village, LLC v. Borough of Clayton -- rank: 884

... 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 of ... 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 to ... municipal standards and specifications for such dedication, except for width. [ N.J.S.A. 40:66-1.3.] Thus, under the statute, a municipality that opts to provide ...

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

4 KIEJDAN FAMILY, LLC v. BOROUGH OF WOODBINE -- rank: 840

... 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 waste ... 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 include ... 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. of ... 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 following facts ... CONVINCING EVIDENCE THAT IT IS UNREASONABLE, ARBITRARY OR CAPRICIOUS. II. [ N.J.S.A. ] 40:66-1.3 DOES NOT PERMIT A MULTI-FAMILY DWELLING TO CHOOSE BETWEEN ...

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status:	unpublished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

5 POWDER MILL HEIGHTS L.L.C. v. TOWNSHIP OF PARSIPPANY-TROY HILLS -- rank: 734

... 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 either ... 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 experienced ... 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 collection ...

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

6 HEATHERS REALTY, LLC v. BOROUGH OF LINDENWOLD -- rank: 650

... 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-unit ... 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 services ... 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 judge ... 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 record is ... App. Div. 2008), issued on this date, we held that N.J.S.A. 40:66-1.3 does not require a municipality that provides curbside pickup of ...

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

7 STEEPLECHASE VILLAGE, INC. v. TOWNSHIP OF EGG HARBOR et al. -- rank: 512

... 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 either ...

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