UNITED WATER RESOURCES INC. v. NORTH JERSEY WATER SUPPLY COMM.


295 N.J. Super. 305 (1996)

685 A.2d 24

UNITED WATER RESOURCES INC. AND HUGH J. ROARTY, PLAINTIFFS-APPELLANTS, v. NORTH JERSEY DISTRICT WATER SUPPLY COMMISSION AND THE CITY OF BAYONNE, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided November 26, 1996.


Attorney(s) appearing for the Case

Michael R. Cole argued the cause for appellant United Water Resources, Inc. (Riker, Danzig, Scherer, Hyland & Perretti, attorneys; Mr. Cole of counsel; Edward K. DeHope and Deborah J. Sokol on the brief).

Rinaldo M. D'Argenio argued the cause for appellant Hugh J. Roarty (Smith, Don, Alampi, D'Argenio & Arturi, attorneys; Mr. D'Argenio and Robert G. Goode on the brief).

H. Curtis Meanor argued the cause for respondent North Jersey District Water Supply Commission (Podvey, Sachs, Meanor, Catenacci, Hildner & Cocoziello and Salerno, Cozzarelli, Mautone, DeSalvo & Nussbaum, attorneys; Mr. Meanor, Ralph J. Salerno and Joseph G. Nichols, of counsel; Mr. Meanor, H. Richard Chattman and William C. Sandelands, on the brief).

Joseph G. Nichols argued the cause for respondent Bayonne.

Dechert Price & Rhoads, attorneys for amicus curiae, New Jersey - American Water Co., Inc. (Ezra D. Rosenberg, Gil C. Tily and Sean Quinn, of counsel; Mr. Rosenberg and Bruce W. Clark, on the brief).

Before Judges LONG, RODRIGUEZ and CUFF.


The opinion of this court was delivered by LONG, P.J.A.D.

The issue in this case is whether the North Jersey District Water Supply Commission (North Jersey) has the authority to operate, maintain and manage Bayonne's municipal water system and issue revenue bonds for that purpose. We have concluded that it does not.

I

Bayonne owns, and for many years has operated a retail water system for the...

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