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IN RE APPLICATION OF HACKENSACK WATER CO.

41 N.J. Super. 408 (1956)

125 A.2d 281

IN THE MATTER OF THE APPLICATION OF HACKENSACK WATER COMPANY UNDER R.S. 40:55-50 FOR A DETERMINATION THAT THE ERECTION OF A CERTAIN STRUCTURE ON LANDS IN THE BOROUGH OF CARLSTADT IS REASONABLY NECESSARY FOR THE SERVICE, CONVENIENCE AND WELFARE OF THE PUBLIC. BOROUGH OF CARLSTADT, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, APPELLANT, v. BOARD OF PUBLIC UTILITY COMMISSIONERS OF THE STATE OF NEW JERSEY AND HACKENSACK WATER COMPANY, A CORPORATION OF THE STATE OF NEW JERSEY, RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided September 4, 1956.

Attorney(s) appearing for the Case

Mr. Saul Sher argued the cause for the appellant (Messrs. Sher, Friedman and Sher, attorneys).

Mr. Samuel William Zerman argued the cause for the respondent Hackensack Water Company.

Before Judges CLAPP, HALL and HEGARTY.

The opinion of the court was delivered by HALL, J.S.C. (temporarily assigned).

This is an appeal by the Borough of Carlstadt under R.R. 4:88-8 to review a determination of the Board of Public Utility Commissioners that the erection of a replacement ground water tank by respondent Hackensack Water Company on lands in the borough zoned against such use "is reasonably necessary for the service, convenience and welfare...

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