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NEW JERSEY BUILDERS v. BOR. OF MENDHAM

263 N.J. Super. 88 (1993)

621 A.2d 985

NEW JERSEY BUILDERS ASSOCIATION, A NOT-FOR-PROFIT CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. BOROUGH OF MENDHAM, A MUNICIPAL CORPORATION IN THE COUNTY OF MORRIS, DEFENDANT-APPELLANT. DAVE JACKSON HOMES, INC., ET AL., PLAINTIFF-RESPONDENT, CROSS-APPELLANT, v. BOROUGH OF MENDHAM, A MUNICIPAL CORPORATION IN THE COUNTY OF MORRIS, DEFENDANT-APPELLANT, CROSS-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided March 19, 1993.

Attorney(s) appearing for the Case

Henry N. Luther, III, argued the cause for appellant; (Dillon, Bitar & Luther, attorneys; Mr. Luther of counsel; Virginia M. Hourigan on the brief).

Harold Goldman argued the cause for respondent Rural Comforts, L.P.

Ben D. Shiriak argued the cause for respondents New Jersey Builders Association and Pitney Farms Associates (Hutt & Berkow, attorneys; Mr. Shiriak of counsel and on the brief).

Juan J. Ryan argued the cause for respondent Dave Jackson Homes, Inc.

Before Judges J.H. COLEMAN, STEIN and CONLEY.

The opinion of the court was delivered by COLEMAN, J.H., P.J.A.D.

This case involves an appeal by the Borough of Mendham (Mendham) from a summary judgment requiring it to reimburse five developers $213,000 found to be excessive water connection fees. There is also a cross-appeal. We now reverse the judgment requiring the refunds and remand for further proceedings. We affirm on the cross-appeal.

I

Mendham...

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