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EAST ORANGE v. BD. OF WATER COM'RS OF EAST ORANGE

73 N.J. Super. 440 (1962)

180 A.2d 185

THE CITY OF EAST ORANGE, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, AND THE CITY COUNCIL OF THE CITY OF EAST ORANGE, CONSISTING OF EDWARD E. RUHNKE, MARK G. STERN, JR., DONALD F. MacART, VICTOR J. RUETER, RONALD J. PICHE, ELMER F. HOLTZ, CHARLES M. STACKHOUSE, BENJAMIN LOCKER, JOHN F. JARMAN AND JOHN R. KIDD, JR., PLAINTIFFS, v. THE BOARD OF WATER COMMISSIONERS OF THE CITY OF EAST ORANGE, CONSISTING OF EARLE R. MATH, THEODORE TAYLOR, THOMAS J. BRETT, FRANCIS J. PINQUE, TRANSCONTINENTAL GAS PIPE LINE CORPORATION, A FOREIGN CORPORATION OF THE STATE OF DELAWARE, AND JERSEY CENTRAL POWER & LIGHT COMPANY, A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided March 30, 1962.

Attorney(s) appearing for the Case

Mr. William L. Brach and Mr. Matthew P. Boylan argued the cause for all plaintiffs (Mr. William L. Brach, City Counsel of the City of East Orange, attorney; Mr. Matthew P. Boylan, of counsel).

Mr. Charles Danzig argued the cause for defendant Board of Water Commissioners of the City of East Orange and the individual members thereof (Messrs. Riker, Danzig, Marsh & Scherer, attorneys).

Mr. Russell E. Watson argued the cause for the defendant Transcontinental Gas Pipe Line Co. (Messrs. R.E. and A.D. Watson, attorneys).

Mr. William T. Osborne appeared for defendant Jersey Central Power & Light Company.

GIULIANO, J.S.C.

This is a declaratory judgment action to determine whether the City Council of the City of East Orange has exclusive power to acquire, sell or otherwise dispose of any right, title or interest in lands constituting the water reserve of the City of East Orange, or whether that power rests in the board of water commissioners of that city. The action was instituted by the City of East Orange, a municipal corporation of the State of New Jersey. Thereafter...

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