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MATTER OF VALLEY ROAD SEWERAGE CO.

154 N.J. 224 (1998)

712 A.2d 653

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.

The Supreme Court of New Jersey.

Decided June 12, 1998.

Attorney(s) appearing for the Case

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

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

Anthony R. Francioso, Assistant Deputy Ratepayer Advocate, argued the cause for respondent Division of Ratepayer Advocate (Blossom A. Peretz, Ratepayer Advocate of New Jersey, attorney; Ms. Peretz, of counsel).

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

The opinion of the Court was delivered by POLLOCK, J.

This appeal questions the decision of the Board of Public Utilities (BPU) to revoke the franchise of Valley Road Sewerage Company (Valley Road), a small, privately owned sewerage company, and to seek the appointment of a receiver to sell Valley Road. The appeal also questions the order of the Chancery Division appointing the receiver. The Appellate Division affirmed both...

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