Tocco v. New Jersey Council on Affordable Housing

holding dismissal of plaintiffs claim is appropriate where complaint contains only eonclusory allegations of a violation of a Constitutional right | allowing recovery of attorneys' fees and litigation costs by private party CERCLA plaintiff | allowing recovery of attorneys' fees and litigation costs by private party CERCLA plaintiff | complaints based on violation of constitutional right must contain more than conclusory allegation to avoid dismissal | complaints based on violation of constitutional right must contain more than conclusory allegation to avoid dismissal | complaints based on violation of constitutional right must contain more than conclusory allegation to avoid dismissal | plaintiff, a former owner of the site, entered into consent decree with state agency and others to cleanup a site prior to plaintiffs section 107(a) claim against another PRP | plaintiff, a former owner of a site, entered into a consent decree with a state agency and others to clean up a site prior to plaintiff's § 107(a) action against another PRP | input of the Missouri Department of Natural Resources (MDNR | NCP specifically contemplates excavations as appropriate removal actions | listing eases on both sides of controversy | permitting PRP to maintain cost recovery action | 1991 U.S. Dist. Lexis 18262 at | allowing recovery of attorneys fees