PHOENIX ASSOCIATES v. EDGEWATER PK. SEWER. AUTH.


178 N.J. Super. 109 (1981)

428 A.2d 508

PHOENIX ASSOCIATES, INC., A NEW JERSEY CORP., AND PHOENIX ASSOCIATES, LTD., A LIMITED PARTNERSHIP OF THE STATE OF NEW JERSEY, PLAINTIFFS-RESPONDENTS AND CROSS-APPELLANTS, v. EDGEWATER PARK SEWERAGE AUTHORITY, A BODY POLITIC OF THE STATE OF NEW JERSEY, DEFENDANT AND THIRD-PARTY PLAINTIFF-APPELLANT AND CROSS-RESPONDENT, v. WILLINGBORO MUNICIPAL UTILITIES AUTHORITY, A BODY CORPORATE AND POLITIC OF THE STATE OF NEW JERSEY, THIRD-PARTY DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided February 20, 1981.

As Corrected March 25, 1981.


Attorney(s) appearing for the Case

Roger P. Main, attorney for defendant and third-party plaintiff-appellant and cross-respondent Edgewater Park Sewerage Authority.

DuBois, Maiale, Sheehan & DuBois, attorneys for plaintiffs-respondents and cross-appellants (Josiah E. DuBois, Jr., on the brief).

Steven E. Heath, attorney for third-party defendant-respondent Willingboro Municipal Utilities Authority.

Before Judges SEIDMAN, ANTELL and LANE.


PER CURIAM.

Defendant Edgewater Park Sewerage Authority (Edgewater) is appealing from the whole of the final judgment entered by the Law Division directing defendant to establish a new rate schedule for sewer service so that apartment units having one and two bedrooms would not pay an annual rate for sewer service over two-thirds of that paid by single-family dwellings and denying relief on the third-party complaint...

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