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NEWARK v. DEPT. OF HEALTH OF N.J.

109 N.J. Super. 166 (1970)

262 A.2d 718

CITY OF NEWARK, A MUNICIPAL CORPORATION OF NEW JERSEY, PETITIONER, v. DEPARTMENT OF HEALTH OF THE STATE OF NEW JERSEY, NORTH JERSEY DISTRICT WATER SUPPLY COMMISSION, TOWN OF KEARNY, BOROUGH OF GLEN RIDGE, TOWN OF BLOOMFIELD, TOWN OF MONTCLAIR, CITY OF PASSAIC, CITY OF PATERSON, CITY OF CLIFTON AND PASSAIC VALLEY WATER COMMISSION, RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided March 4, 1970.

Attorney(s) appearing for the Case

Mr. Sam Weiss, Assistant Corporation Counsel, argued the cause for petitioner (Mr. Philip E. Gordon, Corporation Counsel of the City of Newark, attorney).

Mr. Theodore A. Schwartz, Deputy Attorney General argued the cause for respondent Department of Health (Mr. Arthur J. Sills, Attorney General, attorney; Mr. Stephen Skillman, Deputy Attorney General, of counsel).

Mr. Oscar R. Wilensky argued the cause for respondent North Jersey District Water Supply Commission.

Mr. Newton M. Roemer argued the cause for respondent Passaic Valley Water Commission.

Respondents Town of Kearny, Borough of Glen Ridge, Town of Bloomfield and Town of Montclair did not file briefs.

Respondents City of Clifton, City of Paterson and City of Passaic did not file briefs but rely on the arguments of respondent Passaic Valley Water Commission.

Before Judges GOLDMANN, LEWIS and MATTHEWS.

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

This matter is before the court on a petition for a declaratory judgment filed by the City of Newark pursuant to R.R. 4:88-10 (now R. 2:2-3(a)(2), 2:5-1 (c)) at the direction of Judge Mountain of the Chancery Division. In the petition the city seeks to challenge the validity of certain rules and regulations promulgated by respondent Department...

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