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BAYSHORE SEW. CO. v. DEP'T. OF ENV., N.J.

122 N.J. Super. 184 (1973)

299 A.2d 751

BAYSHORE SEWERAGE COMPANY, A CORPORATION OF NEW JERSEY, PLAINTIFF, v. DEPARTMENT OF ENVIRONMENTAL PROTECTION, STATE OF NEW JERSEY, AN AGENCY OF THE STATE OF NEW JERSEY, TOWNSHIP OF HAZLET, A MUNICIPAL CORPORATION OF NEW JERSEY, HAZLET TOWNSHIP SEWERAGE AUTHORITY, A PUBLIC AUTHORITY OF NEW JERSEY, AND BAYSHORE REGIONAL SEWERAGE AUTHORITY, A PUBLIC AUTHORITY OF NEW JERSEY, AND STATE OF NEW JERSEY, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided January 15, 1973.

Attorney(s) appearing for the Case

Mr. William R. Holzapfel for plaintiff.

Mr. Morton I. Greenberg for defendant Department of Environmental Protection and State of New Jersey.

Mr. John E. Holobinko for defendants Township of Hazlet and Hazlet Township Sewerage Authority.

Mr. William J. O'Hagan, Jr. argued the cause for defendant Bayshore Regional Sewerage Authority.

McGOWAN, J.S.C.

This matter was tried before the court as a result of a complaint filed by plaintiff Bayshore Sewerage Company, appealing from an order of the Department of Environmental Protection of the State of New Jersey dated February 3, 1971 issued to the plaintiff. The appeal is taken under the provisions of N.J.S.A. 58:12-2 which, at the time of the institution of this action, provided in part as follows...

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