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PLEASURE BAY APTS. v. CITY OF LONG BRANCH

66 N.J. 79 (1974)

328 A.2d 593

PLEASURE BAY APARTMENTS, A NEW JERSEY PARTNERSHIP, PLAINTIFF-APPELLANT, v. CITY OF LONG BRANCH, GEORGE B. HOFFMAN, COUNCIL PRESIDENT, CITY OF LONG BRANCH, AND DEPARTMENT OF SANITATION, CITY OF LONG BRANCH, DEFENDANTS-RESPONDENTS. VISTA GARDENS, INC. AND VISTA ASSOCIATES, INC., PLAINTIFFS-RESPONDENTS, v. MAYOR AND COUNCIL OF THE BOROUGH OF LODI, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided November 6, 1974.

Attorney(s) appearing for the Case

Mr. Clive S. Cummis argued the cause for appellant Pleasure Bay Apartments (Messrs. Brigiani & Cohen, attorneys; Mr. Louis Cohen, on the brief).

Mr. Robert L. Mauro argued the cause for respondents City of Long Branch, et al.

Mr. John M. DiMaria argued the cause for appellant Borough of Lodi (Messrs. Carbonetti & DiMaria, attorneys).

Mr. Robert K. Hartmann argued the cause for respondents Vista Gardens, Inc. et al. (Messrs. Hartmann & Brooks, attorneys; Mr. Ronald M. Fraioli, on the brief).

The opinion of the Court was delivered by KOLOVSKY, P.J.A.D., Temporarily Assigned.

The garbage collection service afforded at municipal expense to properties in each of the defendant municipalities — by Long Branch using its own equipment and employees and by Lodi by contract with a private scavenger — is limited to collection from the curbside of streets adjacent to the premises to be served. Further, each municipality requires, among other things...

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