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NESTLE USA—BEVERAGE DIVISION, INC. v. MANASQUAN RIVER

750 A.2d 157 (2000)

330 N.J. Super. 510

NESTLÉ USA—BEVERAGE DIVISION, INC., a Delaware Corporation, Plaintiff-Respondent, v. MANASQUAN RIVER REGIONAL SEWERAGE AUTHORITY, A Public Body Corporate and Politic of the State of New Jersey, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided May 5, 2000.

Attorney(s) appearing for the Case

Linda Hayes Grasso, for defendant-appellant (Cleary Alfieri & Grasso, attorneys; Ms. Grasso and Stephen C. Vanna III, on the brief).

Mark L. Mucci, Newark, for plaintiff-respondent (LeBoeuf, Lamb, Greene & MacRae, attorneys; Mr. Mucci, on the brief).

Before Judges PRESSLER, KIMMELMAN and CIANCIA.

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

This declaratory judgment action arises under the Sewerage Authorities Law, N.J.S.A. 40:14A-1 to -37. The sole issue before us is whether a regional sewerage authority is authorized by N.J.S.A. 40:14A-8 to charge a user who is already in the system an additional connection fee when its wastewater flow increases even though it will pay an increased service charge based on the additional daily...

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