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CANTERBURY PROP. v. MUN. UTIL. AUTH. MT. LAUREL

124 N.J. Super. 448 (1973)

307 A.2d 630

CANTERBURY PROPERTIES, INC., A NEW JERSEY CORPORATION, PLAINTIFF-RESPONDENT, v. THE MUNICIPAL UTILITIES AUTHORITY OF MT. LAUREL TOWNSHIP, DEFENDANT-APPELLANT, AND MT. LAUREL SEWERAGE CORPORATION, A NEW JERSEY CORPORATION (NOW KNOWN AS SEWEL, INC.), MT. LAUREL WATER CORPORATION, A NEW JERSEY CORPORATION (NOW KNOWN AS WATERMOUNT, INC.), AND RICHARD C. GOODWIN, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided July 11, 1973.

Attorney(s) appearing for the Case

Mr. John W. Trimble argued the cause for Defendant-Appellant, Municipal Utilities Authority of Mt. Laurel Township (Messrs. Higgins & Trimble, attorneys).

Mr. John A. Jones argued the cause for Plaintiff-Respondent, Canterbury Properties, Inc. (Messrs. Toll, Friedman, Pinsky and Jones, attorneys).

Mr. Josiah E. DuBois, Jr. argued the cause for Defendants-Respondents, Mt. Laurel Sewerage Corporation, Mt. Laurel Water Corporation, and Richard C. Goodwin (Messrs. DuBois, Maiale & DuBois, attorneys).

Before Judges CARTON, MINTZ and SEIDMAN.

The opinion of the court was delivered by CARTON, P.J.A.D.

The result in this case turns on the validity of certain covenants made by defendant Municipal Utilities Authority of Mt. Laurel Township in connection with its acquisition of a sewerage and water supply system. An outline of the events leading up to the present litigation will serve to provide a backdrop for a more detailed consideration of the factual and legal issues involved.

Defendant Municipal...

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