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JAMES CONST. CO. v. BOARD OF PUB. UTIL.

298 N.J. Super. 355 (1997)

JAMES CONSTRUCTION COMPANY, PLAINTIFF-APPELLANT, v. BOARD OF PUBLIC UTILITIES, STATE OF NEW JERSEY, DEFENDANT-RESPONDENT, AND JOSEPH L. MUSCARELLE, INC., J.L.M. PHOENIX CONSTRUCTION CORPORATION AND LINDE GRIFFITH CONSTRUCTION COMPANY, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided March 6, 1997.

Attorney(s) appearing for the Case

Michael A. Sicola argued the cause for appellant (Morgan, Melhuish, Monaghan, Arvidson, Abrutyn & Lisowski, attorneys; Richard E. Arvidson, and Mr. Sicola, of counsel and on the brief; Mr. Sicola, on the reply letter brief).

Charles F. Kenny argued the cause for appellants Joseph L. Muscarelle, Inc. and J.L.M. Phoenix Construction Corporation (Peckar & Abramson, attorneys; Mr. Kenny and Linda A. Turteltaub, on the brief and reply brief).

Gary S. Kull argued the cause for appellant Linde-Griffith Construction Company (McElroy, Deutsch & Mulvaney, attorneys).

Regina H. Nugent, Deputy Attorney General, argued the cause for respondent Board of Public Utilities (Peter Verniero, Attorney General, attorney; Jeffrey C. Burstein, Deputy Attorney General, of counsel; Ms. Nugent, on the brief).

Before Judges PRESSLER, STERN and WECKER.

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

Plaintiff and defendant construction companies appeal from the dismissal of a complaint challenging the constitutionality of the Underground Facility Protection Act (UFPA or Act), N.J.S.A. 48:2-73 to -91, claiming that the Act is unconstitutional both facially and as applied, that the actions taken by the Board of Public Utilities (BPU or Board) thereunder were unconstitutional, and that the subjects ruled...

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