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WHELAN v. N.J. POWER & LIGHT CO.

45 N.J. 237 (1965)

212 A.2d 136

THOMAS J. WHELAN, MAYOR OF THE CITY OF JERSEY CITY, SUBSTITUTED PLAINTIFF-APPELLANT AND CROSS-RESPONDENT, AND LEO A. McCARTHY, PLAINTIFF-INTERVENOR-APPELLANT, v. NEW JERSEY POWER & LIGHT COMPANY, AND JERSEY CENTRAL POWER & LIGHT COMPANY, ETC., DEFENDANTS-APPELLANTS AND CROSS-RESPONDENTS, AND WATER POLICY AND SUPPLY COUNCIL, ET AL., DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided June 28, 1965.

Attorney(s) appearing for the Case

Mr. I. Charles Lifland argued the cause for appellant and cross-respondent Whelan (Mr. Meyer Pesin, attorney).

Mr. Alfred A. Rochester argued the cause for appellants and cross-respondents New Jersey Power & Light Co. and Jersey Central Power & Light Co.

Mr. Philip M. Law, Jr., of the New York and Illinois bars, argued the cause for intervenor-appellant (Mr. Leo A. McCarthy, attorney pro se; Messrs. Reed, Hoyt, Washburn & McCarthy, of the New York bar, of counsel).

Mr. William Miller argued the cause as amicus curiae.

Mr. Alan B. Handler, First Assistant Attorney General, filed a statement in lieu of brief (Mr. Arthur J. Sills, Attorney General of New Jersey, attorney for Water Policy and Supply Council and pro se).

The opinion of the court was delivered by WEINTRAUB, C.J.

This case involves the validity of a contract dated December 4, 1958 made by the City of Jersey City with New Jersey Power & Light Company and later assigned by the utility to a related company, Jersey Central Power & Light Company (both herein called the Company), whereby the City would acquire additional water supply and the Company would acquire hydroelectric power. The issues raised are (1) whether...

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