Opinion
A-121/122/123 September Term 1998
Argued October 22, 2001
Decided December 20, 2001
On appeal from the Superior Court, Appellate Division, whose opinion is reported at 320 N.J. Super. 59 (1999).
CHIEF JUSTICE PORITZ and JUSTICES STEIN, COLEMAN, VERNIERO, and ZAZZALI join in this opinion. JUSTICES LONG and LA VECCHIA did not participate.
Gage Andretta argued the cause for appellant Camden County Energy Recovery Associates, L.P. (Wolff Samson, attorneys; Mr. Andretta and Stephen H. Bier, on the brief).
Deborah Silverman Katz, Assistant County Counsel, argued the cause for appellant The Board of Chosen Freeholders of the County of Camden (Robert G. Millenky, Camden County Counsel, attorney; Ms. Katz and Mr. Millenky, on the brief).
Stephen J. DeFeo argued the cause for appellants The Pollution Control Financing Authority of Camden County and The Camden County Improvement Authority (Brown Connery, attorneys; William M. Tambussi and Susan M. Kanapinski, on the brief).
James H. Martin, Deputy Attorney General, argued the cause for respondents (John J. Farmer, Jr., Attorney General of New Jersey, attorney; Andrea M. Silkowitz, Assistant Attorney General, of counsel; Mr. Martin and Daniel P. Reynolds, Deputy Attorney General, on the brief).
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.