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PASSAIC VAL. SEW. COMMISSION v. CITY OF PATERSON

113 N.J. Super. 148 (1971)

273 A.2d 359

PASSAIC VALLEY SEWERAGE COMMISSION, A PUBLIC CORPORATION, PLAINTIFF-RESPONDENT AND CROSS-APPELLANT, v. CITY OF PATERSON, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-APPELLANT AND CROSS-RESPONDENT, AND CITY OF NEWARK, INTERVENOR-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided January 21, 1971.

Attorney(s) appearing for the Case

Mr. Joseph L. Conn, City Counsel, argued the cause for defendant-appellant and cross-respondent (Mr. William A. Feldman on the brief).

Mr. James V. Segreto argued the cause for plaintiff-respondent and cross-appellant (Mr. Thomas E. Durkin, Jr., attorney).

Mr. William H. Walls, Corporation Counsel and attorney for City of Newark, intervenor-respondent, filed a statement in lieu of brief (Mr. Roger A. Lowenstein, Assistant Corporation Counsel, of counsel).

Before Judges CONFORD, KOLOVSKY and CARTON.

PER CURIAM.

The main issue here is whether the Passaic Valley Sewerage Commissioners have authority to assess their member municipalities for certain repairs and improvements to the disposal system.

Plaintiff Commissioners brought this action against a member municipality, the City of Paterson, for the latter's unpaid balance of the Commissioners' 1969 assessment representing the municipality's share of the cost of developing, maintaining and operating the...

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