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612 ASSOCIATES, L.L.C. v. NORTH BERGEN MUA

No. A-3036-07T3

962 A.2d 602 (2009)

404 N.J. Super. 531

612 ASSOCIATES, L.L.C., Plaintiff, v. NORTH BERGEN MUNICIPAL UTILITIES AUTHORITY, Defendant-Appellant, and North Hudson Regional Sewer Authority, Defendant-Respondent, and New Jersey Department of Environmental Protection, Defendant.

Superior Court of New Jersey, Appellate Division.

Decided January 21, 2009.

Attorney(s) appearing for the Case

Geoffrey Johnson, argued the cause for appellant (Johnson & Conway, LLP, attorneys, Ho-Ho Kus; Mr. Johnson and John A. Napolitano, on the brief).

Frank Covello, Hasbrock Heights, argued the cause for respondent (Leanza & Agrapidis, P.C., attorneys; Mr. Covello, of counsel and on the brief).

Laurence R. Maddock, Secaucus, argued the cause for amicus curiae Bergen County Utilities Authority (Waters, McPherson, McNeill, P.C., attorneys; E. Neal Zimmermann, of counsel; Mr. Maddock, Donald J. Fay and Robert D. Thompson, on the brief).

Before Judges CUFF, FISHER and BAXTER.

The opinion of the court was delivered by

BAXTER, J.A.D.

This appeal requires us to interpret portions of the Sewerage Authorities Law (SAL), N.J.S.A. 40:14A-1 through -45, and the Municipal and Counties Utilities Authorities Law (MCUAL), N.J.S.A. 40:14B-1 through -78. In particular, we are called upon to decide whether the trial court erred when it concluded that only the sewerage or utilities authority to which a housing development is directly...

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