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IN RE ASBURY-RED BANK LIMOUSINE SERVICE

55 N.J. 551 (1970)

264 A.2d 43

IN THE MATTER OF THE PETITION OF ASBURY-RED BANK LIMOUSINE SERVICE FOR APPROVAL OF MUNICIPAL CONSENTS FOR THE OPERATION OF A NEW LIMOUSINE ROUTE BETWEEN NEWARK AIRPORT AND POINTS IN MONMOUTH COUNTY AND MIDDLESEX COUNTY. ASBURY-RED BANK LIMOUSINE SERVICE, PETITIONER-RESPONDENT, AND PUBLIC SERVICE COORDINATED TRANSPORT, RESPONDENT-APPELLANT, AND CITY OF NEWARK, RESPONDENT-RESPONDENT, AND THE PORT OF NEW YORK AUTHORITY, INTERVENOR-RESPONDENT.

The Supreme Court of New Jersey.

Decided April 20, 1970.

Attorney(s) appearing for the Case

Mr. Thomas J. McCluskey argued the cause for respondent-Appellant Public Service Coordinated Transport (Mr. Richard Fryling, attorney).

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

Mr. Anthony D. Andora argued the cause for petitioner-respondent Asbury-Red Bank Limousine Service (Messrs. Andora, Baron & Palmisano, attorneys; Mr. Leopold A. Monaco and Mr. Michael R. DeCotius, on the brief).

Mr. Francis A. Mulhern argued the cause for intervenor-respondent The Port of New York Authority (Mr. Sidney Goldstein, General Counsel to The Port of New York Authority, of counsel; Mr. Hugh H. Welsh, on the brief).

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

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

In March 1968 the petitioner Asbury-Red Bank Limousine Service filed a petition before the Department of Public Utilities seeking permission to operate its limousine service between the Port of New York Authority's Newark Air Terminal and various points in Middlesex and Monmouth Counties. Though the petitioner had applied as early as 1966 to the City of Newark for its consent (N.J.S.A. 48:4-3; 48:4-10), the...

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