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BI-COUNTY INC. v. BOROUGH OF HIGH BRIDGE

805 A.2d 433 (2002)

174 N.J. 301

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

Supreme Court of New Jersey.

Decided August 5, 2002.

Attorney(s) appearing for the Case

Carl S. Bisgaier, Cherry Hill, argued the cause for appellant (Flaster/Greenberg, attorneys; Mr. Bisgaier and Sharon A. Morgenroth, on the briefs).

Valerie K. Bollheimer, Bedminister, argued the cause for respondent (Purcell, Ries, Shannon, Mulcahy & O'Neill, attorneys).

Daren R. Eppley, Deputy Attorney General, submitted a letter in lieu of brief on behalf of respondent State of New Jersey, Department of Environmental Protection (David N. Samson, Attorney General of New Jersey, attorney).

William P. Malloy, Deputy Attorney General, submitted a brief on behalf of amicus curiae, Council on Affordable Housing (David N. Samson, Attorney General of New Jersey, attorney; Douglas K. Wolfson, Assistant Attorney General, of counsel).

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

The issue before the Court is whether a developer that pays money into a municipality's affordable housing fund instead of constructing housing units affordable to lower income households may compel an adjoining municipality to allow it to connect into its municipal sewer system.

The Law Division granted summary judgment in favor of plaintiff, Bi-County Development of Clinton, Inc. (Bi-County), holding that...

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