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IN RE CENTEX HOMES, LLC

No. A-2207-07T3

985 A.2d 649 (2009)

411 N.J. Super. 244

In the Matter of CENTEX HOMES, LLC Petition for Extension of Service and/or for Exemption from Main Extension Rules N.J.A.C. 14:3-8.1 et seq. Pursuant to N.J.S.A. 48:2-27 and N.J.A.C. 14:3-8.8(A)(4) or (a)(6).

Superior Court of New Jersey, Appellate Division.

Decided December 30, 2009.

Attorney(s) appearing for the Case

Kevin J. Coakley, Roseland, argued the cause for appellant Centex Homes, LLC (Connell Foley LLP, attorneys; Mr. Coakley, of counsel and on the brief; Joseph A. Villani, Jr., on the brief).

Geoffrey R. Gersten, Deputy Attorney General, argued the cause for respondent New Jersey Board of Public Utilities (Anne Milgram, Attorney General, attorney; Sharon M. Joyce, Assistant Attorney General, of counsel; Mr. Gersten, on the brief).

Before Judges CARCHMAN, R.B. COLEMAN and SABATINO.

The opinion of the court was delivered by

R.B. COLEMAN, J.A.D.

Centex Homes, LLC (Centex) appeals a November 30, 2007 order of the New Jersey Board of Public Utilities (the BPU or the Board), denying Centex's petition for an order directing various public utilities to pay for or contribute to the cost of service extensions pursuant to N.J.S.A. 48:2-27. The BPU denied the petition because the requested service extensions do not comply with the BPU's...

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