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IN RE SHORE HILLS WATER CO.

101 N.J. Super. 214 (1968)

244 A.2d 115

IN THE MATTER OF SHORE HILLS WATER COMPANY, APPLICATION NO. 1366 TO DIVERT WATER FROM A WELL IN THE TOWNSHIP OF ROXBURY, MORRIS COUNTY. SHORE HILLS WATER COMPANY, A CORPORATION OF NEW JERSEY, APPELLANT, v. WATER POLICY AND SUPPLY COUNCIL, DIVISION OF WATER POLICY AND SUPPLY, DEPARTMENT OF CONSERVATION AND ECONOMIC DEVELOPMENT, RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided June 4, 1968.

Attorney(s) appearing for the Case

Mr. John R. Sailer argued the cause for appellant (Mr. Russell Fleming, Jr., on the brief).

Mr. Joseph M. Jacobs argued the cause for respondent township (Messrs. Harrison & Jacobs, attorneys; Mr. Joseph Harrison, of counsel; Mr. Donald S. Coburn, on the brief).

Mr. Arthur J. Sills, Attorney General of New Jersey, filed a statement in lieu of brief on behalf of respondent Water Policy and Supply Council; Mr. Alan B. Rothstein, Deputy Attorney General, of counsel.

Before Judges GOLDMANN, LEWIS and CARTON.

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

Shore Hills Water Company (Shore Hills) appeals from a decision of the Water Policy and Supply Council, in the Division of Water Policy and Supply, Department of Conservation and Economic Development, denying its application for approval of plans to divert a maximum average of 720,000 gallons of water daily during any month from a new rock well to be located on the west

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