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IN RE FORMAL COMPLAINT BY MORRIS TP.

49 N.J. 194 (1967)

229 A.2d 516

IN THE MATTER OF THE FORMAL COMPLAINT BY THE TOWNSHIP OF MORRIS, ET AL. AGAINST THE TOWN OF MORRISTOWN. THE TOWNSHIP OF MORRIS, ET AL., PLAINTIFFS-APPELLANTS, v. BOARD OF PUBLIC UTILITY COMMISSIONERS OF THE STATE OF NEW JERSEY, ET AL., DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided April 24, 1967.

Attorney(s) appearing for the Case

Mr. Howard T. Rosen argued the cause for appellants (Messrs. Clapp & Eisenberg, attorneys; Mr. Arnold T. Mytelka, on the brief).

Mr. Myron J. Bromberg argued the cause for respondent Town of Morristown (Messrs. Porzio, Bromberg & Newman, attorneys).

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

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

The issue to be determined here is: When a municipally owned and operated waterworks and distribution system furnishes water to consumers in adjoining municipalities, are the rates charged such consumers subject to the regulatory power of the Board of Public Utility Commissioners? The Board held it lacked authority to deal with the matter. We certified the ensuing appeal...

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