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IN RE GREEN BROOK

850 A.2d 596 (2004)

370 N.J. Super. 122

In the Matter of GREEN BROOK FLOOD CONTROL PROJECT.

Superior Court of New Jersey, Appellate Division.

Decided June 22, 2004.

Attorney(s) appearing for the Case

Gregory Eisenstark argued the cause for appellant PSE & G.

Sidney D. Weiss argued the cause for appellant Verizon New Jersey, Inc.

Tirza S. Wahrman, Deputy Attorney General, argued the cause for respondent New Jersey Board of Public Utilities (Peter C. Harvey, Attorney General, attorney; Andrea M. Silkowitz, Assistant Attorney General, of counsel; Ms. Wahrman, on the brief).

Before Judges SKILLMAN, WELLS and C.S. FISHER.

The opinion of the court was delivered by

SKILLMAN, P.J.A.D.

The issue presented by this appeal is whether the cost of relocation of public utility facilities necessitated by a flood control project constructed under the State Flood Control Act, N.J.S.A. 58:16A-1 to -17, must be paid by the State or the public utility. We conclude that the directive of N.J.S.A. 58:16A-8, that the total cost of any relocation of utility facilities required under...

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