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IN RE PETITION OF MONMOUTH CONSOLIDATED WATER CO.

47 N.J. 251 (1966)

220 A.2d 189

IN THE MATTER OF THE PETITION OF MONMOUTH CONSOLIDATED WATER COMPANY UNDER R.S. 40:55-50, for a determination that the situation of a 1.5 M.G. water storage facility and pumping station and associated mains, pipes, fixtures and appurtenances in the Township of Middletown, in the County of Monmouth, New Jersey, is reasonably necessary for the service, convenience or welfare of the public (P.U.C. Docket No. 653-124), AND IN THE MATTER OF THE PETITION OF MONMOUTH CONSOLIDATED WATER COMPANY UNDER R.S. 40:55-1.19, ON APPEAL FROM A DECISION DENYING MINOR SUBDIVISION APPROVAL BY THE PLANNING BOARD OF THE TOWNSHIP OF MIDDLETOWN, IN THE COUNTY OF MONMOUTH, FOR A DETERMINATION THAT THE PROPOSED USE BY PETITIONER OF THE PREMISES IN QUESTION IS REASONABLY NECESSARY FOR THE SERVICE, CONVENIENCE OR WELFARE OF THE PUBLIC (P.U.C. DOCKET NO. 653-125). TOWNSHIP OF MIDDLETOWN, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY AND PLANNING BOARD OF THE TOWNSHIP OF MIDDLETOWN, APPELLANTS, v. BOARD OF PUBLIC UTILITY COMMISSIONERS, ETC., AND MONMOUTH CONSOLIDATED WATER COMPANY, ETC., RESPONDENTS.

The Supreme Court of New Jersey.

Decided June 6, 1966.

Attorney(s) appearing for the Case

Mr. Vincent C. DeMaio argued the cause for appellants Township of Middletown and Planning Board of the Township of Middletown.

Mr. William C. Davis argued the cause for respondent Monmouth Consolidated Water Company (Messrs. Starr, Summerill & Davis, attorneys; Mr. Davis of counsel and on the brief).

Mr. William Gural, Deputy Attorney General, argued the cause of respondent Board of Public Utility Commissioners (Mr. Arthur J. Sills, Attorney General of New Jersey, attorney; Mr. Gural on the brief).

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

In this proceeding the Board of Public Utility Commissioners authorized Monmouth Consolidated Water Company to install a water storage tank, pumping station and the necessary fixtures and appurtenances at a specified location in the Township of Middletown, Monmouth County, New Jersey. Monmouth's application therefor was opposed by the township, and by Mrs. Helen Conrow and Mr. and Mrs. Richard Marsen, owners of...

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