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TWP. OF DEPTFORD v. WOODBURY TER. SEWERAGE CORP.

54 N.J. 418 (1969)

255 A.2d 737

TOWNSHIP OF DEPTFORD, PLAINTIFF-RESPONDENT, v. WOODBURY TERRACE SEWERAGE CORP., DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided July 15, 1969.

Attorney(s) appearing for the Case

Mr. Sidney M. Schreiber argued the cause for defendant-appellant (Messrs. Schreiber and Lancaster, attorneys).

Mr. Alfred T. Sanderson argued the cause for plaintiff-respondent.

Mr. William Gural, Deputy Attorney General, argued the cause for Board of Public Utility Commissioners, amicus curiae (Mr. Arthur J. Sills, Attorney General of New Jersey, attorney).

The opinion of the court was delivered by PROCTOR, J.

This appeal concerns the power of the Public Utilities Commission (PUC) to modify an order which had previously approved the franchise of a public utility.

On August 8, 1955, plaintiff Township of Deptford granted a franchise to the defendant, Woodbury Terrace Sewerage Corporation (Woodbury), for the construction and operation of a sewage disposal plant and system which would service one part of the Township...

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