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JOHNS-MANVILLE SALES CORP. v. N.J. WATER SUPPLY AUTHORITY

211 N.J. Super. 315 (1986)

511 A.2d 1194

JOHNS-MANVILLE SALES CORPORATION, PLAINTIFF-APPELLANT, v. NEW JERSEY WATER SUPPLY AUTHORITY AND STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 5, 1986.

Attorney(s) appearing for the Case

George W. Fisher argued the cause for appellant (Mason, Griffin & Pierson, attorneys).

George P. Cook, Deputy Attorney General, argued the cause for respondents (W. Cary Edwards, Attorney General, attorney; James J. Ciancia, Assistant Attorney General, of counsel).

Before Judges GAULKIN, DEIGHAN and STERN.

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

Johns-Manville Sales Corporation (Manville) challenges as "ultra vires and without force or effect" a regulation of the New Jersey Water Supply Authority (Authority) imposing water use charges. Alternatively, Manville contends that the regulation is unconstitutional as applied "since it authorizes and accomplishes a taking of [Manville's] property for public purpose without just compensation."

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