STATE EX REL. DEPT. OF HEALTH v. NORTH JERSEY DIST. WATER SUPPLY COMM.


127 N.J. Super. 251 (1974)

317 A.2d 86

STATE OF NEW JERSEY, EX REL., DEPARTMENT OF HEALTH, PLAINTIFF-RESPONDENT, v. NORTH JERSEY DISTRICT WATER SUPPLY COMMISSION, DEFENDANT AND THIRD-PARTY PLAINTIFF-RESPONDENT, v. CITY OF NEWARK AND PASSAIC VALLEY WATER COMMISSION, THIRD-PARTY DEFENDANTS-APPELLANTS, AND TOWN OF KEARNY, BOROUGH OF GLEN RIDGE. TOWN OF MONTCLAIR, TOWN OF BLOOMFIELD, CITY OF PASSAIC, CITY OF PATERSON, CITY OF CLIFTON, THIRD-PARTY DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided March 8, 1974.


Attorney(s) appearing for the Case

Mr. Donald Coburn, Assistant Corporation Counsel, argued the cause for third-party defendant-appellant City of Newark (Mr. William Rossmoore, Assistant Corporation Counsel, on the brief; Mr. William H. Walls, Corporation Counsel, attorney).

Mr. Newton M. Roemer argued the cause for third party defendant-appellant Passaic Valley Water Commission.

Mr. Albert S. Gross argued the cause for defendant and third party plaintiff-respondent North Jersey District Water Supply Commission.

Mr. Joseph M. Clayton Jr., Deputy Attorney General, argued the cause for plaintiff-respondent State of New Jersey, ex rel. Department of Health (Mr. George F. Kugler, Jr., Attorney General of New Jersey, attorney).

Before Judges CONFORD, HANDLER and MEANOR.


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

This is the sequel to Newark v. N.J. Dept. of Health, 109 N.J.Super. 166 (App. Div. 1970). As directed therein, the court below held a plenary hearing encompassing various issues raised by appellants' attack upon the order of the State Department of Health (Department) promulgated on January 24, 1966, as well as the implementation thereof as proposed by the North...

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