GARVEY v. TOWNSHIP OF WALL


303 N.J. Super. 93 (1997)

GERALD GARVEY, PLAINTIFF-APPELLANT, v. TOWNSHIP OF WALL, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided July 7, 1997.


Attorney(s) appearing for the Case

Thomas A. McKinney argued the cause for appellant (Waldman, Renda & McKinney, attorneys; Mr. McKinney, on the brief).

Roger J. McLaughlin argued the cause for respondent (McLaughlin, Bennett, Gelson & Cramer, attorneys; Mr. McLaughlin, of counsel; Erinn McCrohan, on the brief).

Before Judges SKILLMAN, A.A. RODRIGUEZ and CUFF.


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

Plaintiff, a resident of Wall Township and a municipal water user, filed this action in lieu of prerogative writs claiming that the Township's practice of providing water free of charge to municipal buildings violates N.J.S.A. 40A:31-10. The trial court granted the Township's motion to dismiss the complaint on the basis of res judicata and the...

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