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BI-COUNTY DEV. OF CLINTON, INC. v. BOROUGH OF HIGH BRIDGE

775 A.2d 182 (2001)

BI-COUNTY DEVELOPMENT OF CLINTON, INC., Plaintiff-Respondent, v. BOROUGH OF HIGH BRIDGE, a municipal corporation of the State of New Jersey, Defendant-Appellant, and Clinton Township Sewerage Authority, a New Jersey Utility and the State of New Jersey, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided June 18, 2001.

Attorney(s) appearing for the Case

Valerie K. Bollheimer argued the cause for appellant (Purcell, Ries, Shannon, Mulcahy & O'Neill, attorneys; Ms. Bollheimer, Bedminster, on the brief).

Robert M. Washburn argued the cause for respondent (Flaster/Greenberg, attorneys; Carl S. Bisgaier and Sharon A. Morgenroth, Cherry Hill, on the brief).

Before Judges SKILLMAN, WECKER and LESEMANN.

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

The issue presented by this appeal is whether a developer that pays money into a municipality's affordable housing fund in lieu of constructing a percentage of housing units affordable to lower income households may compel an adjoining municipality to allow the developer to connect into its municipal sewer system. We conclude that such a developer does not have a right to connect into the sewer system of...

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