Band's Refuse Removal, Inc. v. Borough of Fair Lawn

The Borough of Fair Lawn (defendant) awarded a garbage-collection contract to the Capassos (defendants) after a bidding process later alleged in a grand jury investigation to have been rigged. A new borough ordinance requiring a town contract to hold a collection permit effectively blocked Band's Refuse Removal (plaintiff) from continuing to collect garbage under its own contract with a local electric plant. Band's sued challenging the ordinance and the Capasso contract, and at trial the judge — after threatening to void Band's own contract if Band's dropped its bidding-impropriety claim — appointed an amicus, issued subpoenas, called roughly five times as many witnesses as both parties combined, and ruled on his own questioning and exhibits before invalidating the Capasso contract. The defendants appealed.