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State of New Jersey v. Veolia Environmental Waste

April 5, 2012

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
VEOLIA ENVIRONMENTAL WASTE, DEFENDANT-APPELLANT,



On appeal from the Superior Court of New Jersey, Law Division, Morris County, Municipal Appeal No. 10-041.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued January 24, 2012

Before Judges Baxter and Nugent.

Defendant Veolia Environmental Waste appeals from the May 17, 2011 Law Division order that denied its motion to dismiss two summonses to which it had conditionally pled guilty in the Township of East Hanover Municipal Court. The summonses charged defendant with collecting solid waste on two separate days, once at 7:15 a.m. and once at 7:16 a.m., in violation of the Township of East Hanover (the Township) ordinance that restricts collection of solid waste in the Township's B-2 Highway Business Zone to the hours of noon to 5:00 p.m. Defendant argues in this appeal:

POINT ONE

THE STANDARD OF REVIEW IS PLENARY POINT TWO

THE LAW DIVISION ERRED IN ENTERING JUDGMENT AGAINST VEOLIA, BECAUSE EAST HANOVER'S ORDINANCE EXCEEDS THE SCOPE OF REGULATORY AUTHORITY DELEGATED BY THE LEGISLATURE AND IS THEREFORE INVALID POINT THREE EAST HANOVER'S ORDINANCE IS ARBITRARY, CAPRICIOUS, AND UNREASONABLE, IS AGAINST PUBLIC POLICY, AND IS, THEREFORE, VOID AS A MATTER OF LAW

A. The Ordinance Is Arbitrary, Capricious, and Unreasonable Because It Selects Only One of Many Types of Noise-Generating Commercial Activity for Special Restrictions, and Because Those Restrictions Dramatically Exceed the Identified Need

B. The Ordinance Is Void As Against Public Policy

POINT FOUR

THE LAW DIVISION FAILED TO TAKE JUDICIAL NOTICE THAT THE ORDINANCE APPLIES TO HOURS WHEN MOST RESIDENTS ARE AWAKE

We agree with defendant that the Township's ordinance is inconsistent with the legislation that delegates to municipalities the authority to regulate the hours when garbage and other solid waste can be ...


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