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NEW PROVIDENCE APART. v. MAYOR

No. A-2924-10T4.

31 A.3d 958 (2011)

423 N.J. Super. 210

NEW PROVIDENCE APARTMENTS CO., L.L.C., New Providence Gardens Co., L.L.C., New Providence Mews, L.L.C., and Murray Hill Apartments Co., L.L.C., Plaintiffs-Appellants, and Tower Management Financing Partnership, L.P. and Tower Spring Gardens, L.L.C., Plaintiffs, v. MAYOR AND COUNCIL OF BOROUGH OF NEW PROVIDENCE and Borough of New Providence, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided December 1, 2011.

Attorney(s) appearing for the Case

Bruce H. Snyder argued the cause for appellants (Lasser Hochman, L.L.C., attorneys; Mr. Snyder , of counsel and on the briefs; Ryan M. Buehler , Roseland, on the briefs).

Carl R. Woodward, III , argued the cause for respondents (Carella, Byrne, Cecchi, Olstein, Brody & Agnello, attorneys; Mr. Woodward , Brian H. Fenlon , Roseland, and Vincenzo M. Mogavero , on the brief).

Before Judges PARRILLO, GRALL and SKILLMAN.

The opinion of the court was delivered by

SKILLMAN, J.A.D. (retired and temporarily assigned on recall).

A municipal governing body has the option of funding sanitary sewer services either from general municipal revenues obtained by real estate taxes or from fees imposed upon property owners who use the sewer system. If a governing body chooses to fund its sewer system through user fees, it must comply with the mandate of N.J.S.A. 40A:26A-10 that such...

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