Appellate Court Supports Apartment Community in Dispute over Trash Reimbursement
June 5, 2015
The Appellate Division of the New Jersey Superior Court issued a per curium decision in Kiejdan Family v. Borough of Woodbine affirming the trial court’s ruling awarding the apartment community reimbursement for cost incurred in the collection of solid waste.
New Jersey law requires a municipality that provides solid waste collection services to its residents to reimburse multifamily dwellings for the cost of providing such services, up to the amount that the municipality would have expended had it provided such services directly. As an alternative to reimbursement, the statute provides a municipality the ability to provide solid waste collection services to the multifamily community directly.
The Borough of Woodbine passed an ordinance offering collection but requiring curbside pickup, which the Borough argued relieved it of its obligation to provide reimbursement. The Appellate Division disagreed, writing “the trial court’s opinion that the Borough had not offered Woodbine Manor a reasonable alternative to statutory reimbursement and that curbside collection … was arbitrary is supported by ample credible evidence in the record and is based on a correct interpretation of our Supreme Court’s pronouncements.”
Click here for a complete copy of the decision.