Goldmann, Sullivan and Labrecque. The opinion of the court was delivered by Sullivan, J.A.D.
Plaintiffs appeal from that portion of a judgment of the trial court upholding the validity of an amendment to the "Waste Matter Disposal Ordinance of the Township of Byram" which, in effect, prohibits the depositing of any garbage or other refuse, originating from beyond or outside of the limits of the Township of Byram, in, on or upon any licensed dump in said township.
In March 1952 plaintiffs Robert Shaw and Madeline Shaw acquired a 25-acre tract of land in Byram Township. Shortly
thereafter the Township Committee of Byram Township adopted an ordinance regulating the dumping of garbage and other waste matter within township limits and providing for the licensing of dumping operations. The ordinance contained a provision that it was unlawful to deposit garbage or refuse originating from beyond and outside the township in and upon a licensed dump "without first securing permission from the governing body of the Township of Byram."
Pursuant to said ordinance Robert Shaw applied for a license to conduct dumping operations on the above-mentioned tract of land and, on October 15, 1952, was issued a ten-year permit to so operate.
Either tacitly or explicitly Shaw received permission to pick up garbage and refuse from several other municipalities and to deposit the same in and upon his licensed dump. Eventually, the greater part of Shaw's dumping operations involved "out of town" garbage and refuse.
In September 1958 the township board of health adopted a "Waste Matter Disposal Ordinance of the Township of Byram" regulating dumping operations in the township. Insofar as it concerns this litigation, said ordinance was similar to the 1952 ordinance adopted by the township committee. In September 1962 the township board of health amended the foregoing ordinance and eliminated the provision for the obtaining of permission to dump "out of town" garbage and refuse. The effect of the amendment was to make it unlawful to deposit any garbage or refuse originating from beyond or outside township limits, in, on or upon any licensed dumps in said township.
On October 15, 1962 the ten-year permit issued to Shaw expired by its terms. Thereafter when Shaw applied for another permit he was notified that he would not be permitted to dump in or upon his dump any garbage or refuse which originated from beyond and outside the township. The instant suit followed.
At the trial Shaw estimated that approximately 40 yards of garbage per week are collected within the township and deposited
in his dump, as compared with 450 yards per week which would be collected outside the township and deposited if permitted.
The trial court held that the aforesaid amendment constituted a valid reasonable health regulation and was not ...