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MATTER OF VALLEY ROAD SEWERAGE CO.

295 N.J. Super. 278 (1996)

685 A.2d 11

IN THE MATTER OF ALLEGED VIOLATIONS OF LAW BY VALLEY ROAD SEWERAGE COMPANY, RICHARD H. SCHINDELAR, INDIVIDUALLY, AND AS OFFICER, DIRECTOR AND SHAREHOLDER, AND MARJORIE Z. SCHINDELAR, INDIVIDUALLY AND AS OFFICER AND DIRECTOR. STATE OF NEW JERSEY, BOARD OF PUBLIC UTILITIES, PLAINTIFF-RESPONDENT, v. VALLEY ROAD SEWERAGE COMPANY, A NEW JERSEY PUBLIC UTILITY, RICHARD H. SCHINDELAR, INDIVIDUALLY AND AS OFFICER, DIRECTOR AND SHAREHOLDER, AND MARJORIE Z. SCHINDELAR, INDIVIDUALLY AND AS OFFICER AND DIRECTOR, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided November 8, 1996.

Attorney(s) appearing for the Case

Michael E. Rodgers argued the cause for appellants (Pinto, Rodgers & Kopf, attorneys; Mr. Rodgers, on the brief).

Sarah H. Steindel, Deputy Attorney General, argued the cause for respondent New Jersey Board of Public Utilities (Peter Verniero, Attorney General, attorney; Andrea M. Silkowitz, Assistant Attorney General, of counsel; Elise W. Goldblat, Deputy Attorney General, of counsel; Ms. Steindel, on the brief).

Anthony Francioso, Deputy Public Advocate, argued the cause for respondent Division of the Ratepayer Advocate (Blossom A. Peretz, Ratepayer Advocate, attorney; Menasha J. Tausner, Deputy Public Advocate, on the brief).

Frank N. Yurasko argued the cause for respondent Township of Hillsborough.

Before Judges BAIME, PAUL G. LEVY and BRAITHWAITE.

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

These consolidated appeals arise from a decision of the Board of Public Utilities (BPU) revoking the franchise and operating authority of Valley Road Sewerage Company (Valley) and barring Richard and Marjorie Schindelar from owning, operating or managing any New Jersey public utility, and from an order of the Chancery Division appointing a receiver with the authority to sell the utility. We hold that the BPU...

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