STATE, BD. OF PUBLIC UTILITY COMM'RS v. EAST SHORES, INC.


154 N.J. Super. 57 (1977)

380 A.2d 1168

STATE OF NEW JERSEY AND BOARD OF PUBLIC UTILITY COMMISSIONERS, PLAINTIFFS, v. EAST SHORES, INC., DEFENDANT.

Superior Court of New Jersey, Chancery Division.

Decided October 25, 1977.


Attorney(s) appearing for the Case

Ms. Blossom A. Peretz, Deputy Attorney General for Dept. of Energy Board of Public Utilities.

Mr. Barry H. Evenchick, for East Shores Residents.

Mr. Joel A. Murphy, for Township of Jefferson (Messrs. Mills, Hock & Murphy, attorneys).

Mr. John H. Dorsey, Receiver.

Frederic C. Ritger, for mortgagees, as a class.


POLOW, J.S.C.

The fundamental question which must be resolved by this court is one of first impression in this State and concerns, simply, whether the court possesses authority to compel the Township of Jefferson to take over and operate a local water utility, presently in custodial receivership, unless the municipality can otherwise arrange to supply its residents who are customers of the said water company with an adequate, potable water supply.

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