NYT CABLE TV v. HOMESTEAD AT MANSFIELD, INC.


214 N.J. Super. 148 (1986)

518 A.2d 748

NYT CABLE TV, PLAINTIFF-RESPONDENT AND PETITIONER-RESPONDENT, v. HOMESTEAD AT MANSFIELD, INC., HOMESTEAD AT MANSFIELD HOMEOWNERS ASSOCIATION, INC., MICHAEL LAINO AND DANIEL QUIGLEY, DEFENDANTS-APPELLANTS AND RESPONDENTS-APPELLANTS, AND NEW JERSEY BOARD OF PUBLIC UTILITIES, RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided November 19, 1986.


Attorney(s) appearing for the Case

Philip B. Seaton argued the cause for appellants (Fredreick W. Hardt on the brief).

Peter J. Pizzi argued the cause for respondent NYT Cable TV (Connell, Foley & Geiser, attorneys; Peter J. Pizzi, on the brief; Truman W. Eustis, III, of counsel).

Raymond C. Barzey argued the cause for respondent New Jersey Board of Public Utilities (W. Cary Edwards, Attorney General, attorney; Andrea M. Silkowitz, Deputy Attorney General, of counsel; Raymond C. Barzey on the brief).

Francis R. Perkins argued the cause for amicus curiae New Jersey Cable Television Association (LeBoeuf, Lamb, Leiby & MacRae, attorneys; Francis R. Perkins, Cynthia D. Benn and Ruth A. Bosek, on the brief).

Meyner & Landis filed a brief amicus curiae for Ocean Cablevision Associates (Jeffrey L. Reiner and Alice J. Guttler, on the brief).

LeBoeuf, Lamb, Leiby & MacRae filed a brief amicus curiae for TKR Cable Company (Thomas C. Kelly and Ruth A. Bosek, on the brief).

Schenck, Price, Smith & King filed a brief amici curiae for Hovbilt, Inc., K. Hovnanian at Piscataway, Inc., Society Hill at Piscataway Condominium Association, Inc., K. Hovnanian at Bernards, Inc., Society Hill at Bernards Condominium Association, Inc., RCK Cable Company, and Channel One Systems, Inc. (W. James MacNaughton, Douglas S. Brierley, John M. DeMarco and Anne E. Aronovitch, on the brief).

Before Judges MORTON I. GREENBERG, J.H. COLEMAN and GRUCCIO.


The opinion of the court was delivered by MORTON I. GREENBERG, P.J.A.D.

This matter comes on before this court on consolidated appeals from an order issued in the Superior Court, Chancery Division, a decision of the Board of Public Utilities (BPU) in a contested case and an order of the BPU adopting a rule. The controversy involves a dispute between respondent NYT Cable TV (NYT), a cable television company, and appellant Homestead at Mansfield, Inc. (Homestead), developer...

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