ELIZABETHTOWN WATER CO. CONSOL. v. BONTEMPO


67 N.J. Super. 8 (1961)

169 A.2d 719

ELIZABETHTOWN WATER COMPANY CONSOLIDATED, A CORPORATION OF NEW JERSEY, PLAINTIFF-APPELLANT, v. SALVATORE A. BONTEMPO, COMMISSIONER OF CONSERVATION AND ECONOMIC DEVELOPMENT, ET AL., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided April 5, 1961.


Attorney(s) appearing for the Case

Mr. John R. Sailer argued the cause for appellant.

Mr. Theodore I. Botter, Deputy Attorney General, argued the cause for respondents (Mr. David D. Furman, Attorney General, attorney).

Before Judges GOLDMANN, FOLEY and COLLESTER.


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

This is an appeal from a summary judgment in defendants' favor in an action brought in the Chancery Division for a declaratory judgment.

The issue presented is whether the trial court properly concluded that the basic dispute between the parties might be more effectively determined if a pending administrative hearing initiated by the defendant Water Policy...

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