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Camden County Energy Recovery Associates, L.P. v. New Jersey Department of Environmental Protection

SUPREME COURT OF NEW JERSEY


December 20, 2001

CAMDEN COUNTY ENERGY RECOVERY ASSOCIATES, L.P., A NEW JERSEY LIMITED PARTNERSHIP, PLAINTIFF-APPELLANT
v.
NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION AND NEW JERSEY DEPARTMENT OF COMMUNITY AFFAIRS, DIVISION OF LOCAL GOVERNMENT SERVICES, DEFENDANTS-RESPONDENTS

On appeal from the Superior Court, Appellate Division, whose opinion is reported at

The opinion of the court was delivered by: Per Curiam

Argued October 22, 2001

(NOTE: The Court wrote no full opinion in this case. Rather, the Court's affirmance of the judgment of the Appellate Division is based substantially on the reasons expressed in Judge Wefing's opinion below.)

We affirm the judgment of the Appellate Division substantially for the reasons expressed in Judge Wefing's thoughtful and persuasive opinion. In affirming, we are mindful of information provided at oral argument that, because of legislative appropriations, none of the bonds issued by the Pollution Control Financing Authority of Camden County is in default and that the Legislature is continuing to pursue a comprehensive solution to the statewide problem characterized by this litigation.

Notwithstanding Camden County's contention before us that its claim for declaratory judgment relief against the State should survive the Appellate Division's disposition, we agree that all claims against the State are to be dismissed. In our view, the Appellate Division's disposition clearly and adequately provides the County with the declaration of "rights, status and other legal relations," N.J.S.A. 2A:16-52, that it sought pursuant to its amended cross-claim.

CHIEF JUSTICE PORITZ and JUSTICES STEIN, COLEMAN, VERNIERO, and ZAZZALI join in this opinion. JUSTICES LONG and LaVECCHIA did not participate.

Chief Justice Poritz PRESIDING

CHECKLIST AFFIRM

CHIEF JUSTICE PORITZ X.

JUSTICE STEIN X.

JUSTICE COLEMAN X.

JUSTICE LONG -----------

JUSTICE VERNIERO X.

JUSTICE LaVECCHIA ----------

JUSTICE ZAZZALI X.

TOTALS

5

20011220 20011220 20011220

© 2001 VersusLaw Inc.



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