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ORADELL VILLAGE ET ALS. v. TP. OF WAYNE

98 N.J. Super. 8 (1967)

235 A.2d 905

ORADELL VILLAGE, ESQUIRE ESTATES, INC., POVERSHON CONSTRUCTION CO., INC., SOUTHFIELD HOMES, INC., BROOKLAWN GARDENS, INC., NEW JERSEY CORPORATIONS, AND RICHARD GEIGER AND WILSON KAPLAN TRADING AS WAYNE VILLAGE, PLAINTIFFS, v. TOWNSHIP OF WAYNE, A MUNICIPAL CORPORATION, DEFENDANT.

Superior Court of New Jersey, Chancery Division.

Decided November 16, 1967.

Attorney(s) appearing for the Case

Mr. Harvey Blicksilver for plaintiffs (Messrs. Leiblich and Cole, attorneys; Mr. Oscar R. Wilensky, of counsel).

Mr. Peter J. Van Norde for defendant.

MOUNTAIN, J.S.C.

Wayne Township owns and operates a water distribution system pursuant to R.S. 40:62-47 et seq. As the owner of such a utility it has the power to fix rates R.S. 40:62-77. Plaintiffs are the owners of garden apartments located within the municipality and served by the municipally-owned water system.

On December 6, 1960 the governing body of the township amended its former schedule of water rates by adopting an ordinance...

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