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McMENAMIN v. EVESHAM MUNICIPAL UTIL. AUTHORITY

104 N.J. Super. 161 (1969)

249 A.2d 21

FRANCIS B. McMENAMIN AND ROSE M. McMENAMIN, HIS WIFE, PLAINTIFFS, v. EVESHAM MUNICIPAL UTILITIES AUTHORITY, A PUBLIC BODY CORPORATE AND POLITIC UNDER N.J.S.A. 14B-4, 5 AND 6, IN THE TOWNSHIP OF EVESHAM, BURLINGTON COUNTY, NEW JERSEY, DEFENDANT.

Superior Court of New Jersey, Chancery Division.

Decided January 7, 1969.

Attorney(s) appearing for the Case

Mr. Joseph S. Georgiana for plaintiffs (Messrs. Capehart & Scatchard, attorneys).

Mr. James M. Davis, Jr. for defendant (Messrs. Powell and Davis, attorneys).

WICK, J.S.C.

This matter involves cross-motions for summary judgment in order to determine whether, under New Jersey law, a municipal utilities authority has the power to shut off the water supply to an owner's premises in order to compel the payment of arrears due from a former owner. The relevant facts are undisputed and are set forth below.

Defendant Evesham is a municipal utilities authority established...

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