HAMILTON TP. MUNICIPAL UTILITIES AUTH. v. APPLE TREE CORP.


202 N.J. Super. 440 (1985)

495 A.2d 434

HAMILTON TOWNSHIP MUNICIPAL UTILITIES AUTHORITY, PLAINTIFF-RESPONDENT, v. APPLE TREE CORPORATION, A NEW YORK CORPORATION, T/A POWDER MILL SPRINGS, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided June 27, 1985.


Attorney(s) appearing for the Case

Salvatore Perillo argued the cause for appellant (Salvatore Perillo, on the brief).

David C. Patterson argued the cause for respondent (David C. Patterson, on the brief).

Before Judges McELROY and DREIER.


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

Defendant has appealed from a judgment entered in favor of plaintiff for $30,638.99 representing "sewer reservation charges" for 36 units which had been set aside for defendant. These units were originally contemplated as a portion of phase two of defendant's residential development. Phase one consisted of 104 units built at a time when plaintiff had no problem in granting permits to connect to its sewerage...

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