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CROWE, ET AL. v. MAYOR AND COUN., TP. OF SPARTA

106 N.J. Super. 204 (1969)

254 A.2d 801

WILLIAM H. CROWE, JR., ET AL., PLAINTIFFS-RESPONDENTS, CROSS-APPELLANTS, v. MAYOR AND COUNCIL OF THE TOWNSHIP OF SPARTA, DEFENDANT-APPELLANT, CROSS-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided July 1, 1969.

Attorney(s) appearing for the Case

Mr. John R. Knox argued the cause for respondents-cross-appellants (Messrs. Morris, Downing & Sherred, attorneys).

Mr. Francis E. Bright argued the cause for appellant-cross-respondent (Messrs. Dolan & Dolan, attorneys).

Before Judges CONFORD, KILKENNY and LEONARD.

PER CURIAM.

We are not entirely satisfied with the reasoning of the trial court that the rate schedule fixed by the sewer rate ordinance is invalid because fixed to recover the capital cost of the sewer improvement project.

In the first place, the stipulation of facts indicates that as a result of discussions with sewer users before enacting the ordinance, the governing body decided to reduce the rates originally projected, and the final rate schedule reflects...

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