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IN RE PUBLIC SERVICE ELECTRIC AND GAS CO.

35 N.J. 358 (1961)

173 A.2d 233

IN RE PUBLIC SERVICE ELECTRIC AND GAS COMPANY AND STATEN ISLAND RAPID TRANSIT RAILWAY COMPANY ADS. BOROUGH OF ROSELLE — IN RE: INSTALLATION OF POWER LINE (P.U.C. DOCKET NO. 5612-9767). IN RE PUBLIC SERVICE ELECTRIC AND GAS COMPANY — APPLICATION UNDER R.S. 40:55-50 THAT ZONING ORDINANCE OF BOROUGH OF ROSELLE DOES NOT APPLY TO POWER LINE (P.U.C. DOCKET NO. 576-10118). THE BOROUGH OF ROSELLE AND THE COUNTY OF UNION, APPELLANTS, v. PUBLIC SERVICE ELECTRIC AND GAS COMPANY, STATEN ISLAND RAPID TRANSIT RAILWAY COMPANY, BOARD OF PUBLIC UTILITY COMMISSIONERS, ET ALS., RESPONDENTS. PUBLIC SERVICE ELECTRIC AND GAS COMPANY, A NEW JERSEY CORPORATION, PLAINTIFF-RESPONDENT, v. BOROUGH OF ROSELLE, IN THE COUNTY OF UNION, STATE OF NEW JERSEY, A MUNICIPAL CORPORATION, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided June 30, 1961.

Attorney(s) appearing for the Case

First-captioned cause:

Mr. Grover C. Richman, Jr. argued the cause for appellants.

Mr. Henry J. Sorenson argued the cause for respondent Public Service Electric and Gas Company.

Mr. Raymond J. Lamb argued the cause for respondent Staten Island Rapid Transit Railway Company (Messrs. Lamb, Langan and Blake, attorneys).

Second-captioned cause:

Mr. Robert L. Sheldon argued the cause for appellant (Messrs. Sheldon & Kaufman, attorneys).

Mr. Henry J. Sorenson argued the cause for respondent.

The opinion of the court was delivered by HALL, J.

The controversy represented by these cases concerns the power of a municipality to compel a public utility to carry its high-capacity electric power lines, transmitting current for other than local use, through the municipality by underground installation rather than on overhead structures.

The effort by the Borough of Roselle was pursued on two fronts. The first involved an amendment of the local zoning ordinance...

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