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TP. MT. OLIVE v. MUSCONETCONG SEWERAGE AUTH.

172 N.J. Super. 131 (1979)

410 A.2d 1203

TOWNSHIP OF MOUNT OLIVE, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF, v. THE MUSCONETCONG SEWERAGE AUTHORITY, A SEWERAGE AUTHORITY ORGANIZED PURSUANT TO THE LAWS OF THE STATE OF NEW JERSEY, DEFENDANT.

Superior Court of New Jersey, Law Division — Morris County.

Decided November 5, 1979.

Attorney(s) appearing for the Case

Herbert A. Vogel for plaintiff (Vogel, Chait and Wacks, attorneys).

Larry I. Kron for defendant Musconetcong Sewerage Authority (Meyerson and Kron, attorneys).

Edward M. Dunne for defendant Borough of Netcong (Valentino and Sweeney, attorneys).

There was no appearance for the Borough of Stanhope.

MacKENZIE, J.S.C.

In this action in lieu of prerogative writs, R. 4:69 1 et seq., the Township of Mount Olive (Mt. Olive) demands membership in the Musconetcong Sewerage Authority (MSA). The Borough of Netcong (Netcong) and the Borough of Stanhope (Stanhope) are the charter and the only member municipalities of the MSA. The MSA and Netcong oppose Mt. Olive's complaint. Construction of N.J.S.A. 40:14A 4(m)(i), a section of the Sewerage Authorities...

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