Lieberman Blecher & Sinkevich was recently retained by a Central New Jersey recycling facility targeted by the County for closure.  The County had sought an Order from a Superior Court to shut the facility on the basis that it allegedly posed several environmental risks.

In order to prepare for oral argument an Order to Show Cause, Lieberman Blecher & Sinkevich enlisted the services of an environmental specialist who evaluated soil conditions and issued a report critical of the findings made by the County.  The firm was prepared to argue that there were no environmental grounds that would warranting shutting down the facility and ruining  a small family-owned business.  However, the trial court closed the facility, not on the basis of any environmental grounds, but on the basis of certain landlord-tenant issues that were not the subject of argument or review and for other procedural reasons.

In light of the devastating consequences for this small business, Lieberman Blecher & Sinkevich sought emergent review before the Appellate Division to bar enforcement of the trial court’s shut-down order.  Our attorney achieved a complete defense victory before the Appellate Division, which granted the injunction halting shut-down of the facility and remanded the case for further proceedings at the trial court level.  Before the Appellate Division, our attorneys successfully argued that the trial court lacked jurisdiction to base its decision on matters outside the County’s complaint, which centered on alleged environmental harm called into serious doubt by our client’s environmental expert.

The attorneys and staff of Lieberman Blecher & Sinkevich work tirelessly to ensure that our clients interests are protected, and we are pleased to report that this recycling facility is still operating  and serving its county residents and businesses.