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NEW JERSEY BELL TELEPHONE COMPANY v. STATE

162 N.J. Super. 60 (1978)

392 A.2d 216

NEW JERSEY BELL TELEPHONE COMPANY, APPELLANT, v. STATE OF NEW JERSEY, DEPARTMENT OF PUBLIC UTILITIES, BOARD OF PUBLIC UTILITY COMMISSIONERS, RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided August 21, 1978.

Attorney(s) appearing for the Case

Mr. Adrian M. Foley, Jr. and Mr. Bernard M. Hartnett, Jr. argued the cause for appellant (Mr. Foley, Mr. Hartnett and Mr. Richard C. Schramm, attorneys; Mr. Howard T. Rosen, of counsel).

Mr. Bertram P. Goltz, Jr., Deputy Attorney General, argued the cause for respondent Board of Public Utilities (Mr. John J. Degnan, Attorney General of New Jersey, attorney; Mr. William F. Hyland, former Attorney General of New Jersey; Mr. Stephen Skillman, Assistant Attorney General, of counsel; Mr. Mark A. Geannette, Deputy Attorney General, on the brief).

Mr. William Gural and Mr. John A. Hoffman argued the cause for respondent Department of the Public Advocate Division of Rate Counsel (Mr. Stanley C. Van Ness, Public Advocate, attorney; Mr. Alfred C. Koeppe, Mr. Menasha J. Tausner and Ms. Dolores Pegram Wilson, rate counsel).

Before Judges MATTHEWS, CRANE and ANTELL.

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

Based on a claim of unconstitutional confiscation of property by the Board of Public Utility Commissioners (Board) the New Jersey Bell Telephone Company (company) seeks a de novo review and determination of its application for a rate increase. Confiscation is averred on the claim that the Board (1) illegally arrived at its findings as to rate base, income and expense and rate of return and (2) failed...

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