GRAZIANO v. MAYOR & TP. COMMITTEE OF MONTVILLE TP.


162 N.J. Super. 552 (1978)

394 A.2d 103

FRANK S. GRAZIANO AND ELAINE M. GRAZIANO, HIS WIFE, PLAINTIFFS-APPELLANTS, v. MAYOR AND TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MONTVILLE AND MONTVILLE TOWNSHIP MUNICIPAL UTILITIES AUTHORITY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided September 13, 1978.


Attorney(s) appearing for the Case

Mr. Stanley W. Sokolowski argued the cause for appellants.

Mr. Edward J. Buzak argued the cause for respondent Montville Township Municipal Utilities Authority (Messrs. Villoresi and Buzak, attorneys).

Mr. Lawrence K. Eismeier argued the cause for respondent Montville Township (Messrs. Eismeier & Falcon, attorneys).

Before Judges FRITZ, BOTTER and ARD.


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

This is an appeal from a judgment entered at the close of trial dismissing plaintiffs' action in lieu of prerogative writs. Plaintiffs challenge the legality of a "service contract" entered into by respondents Montville Township and the Montville Township Municipal Utilities Authority (MUA). Plaintiffs' principal contention is that annual payments made by the township to the MUA to offset operating deficits...

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