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IN RE PETITION OF SOUTH LAKEWOOD WATER CO.

61 N.J. 230 (1972)

294 A.2d 13

IN THE MATTER OF THE PETITION OF SOUTH LAKEWOOD WATER COMPANY PURSUANT TO R.S. 48:19-17 APPEALING THE REFUSAL OF THE TOWNSHIP OF BRICK TO GRANT MUNICIPAL CONSENT TO EXTEND FRANCHISE WITHIN A PORTION OF SAID TOWNSHIP. SOUTH LAKEWOOD WATER COMPANY, PETITIONER-RESPONDENT, v. TOWNSHIP OF BRICK, RESPONDENT, AND BRICK TOWNSHIP MUNICIPAL UTILITIES AUTHORITY, INTERVENOR-APPELLANT, AND BOARD OF PUBLIC UTILITY COMMISSIONERS, RESPONDENT.

The Supreme Court of New Jersey.

Decided July 6, 1972.

Attorney(s) appearing for the Case

Mr. Charles E. Starkey argued the cause for intervenor-appellant (Messrs. Kannen, Starkey, Turnbach & White, attorneys; Mr. Starkey, on the brief).

Mr. John R. Rutledge, Jr. argued the cause for petitioner-respondent.

Mr. William Gural, Deputy Attorney General, argued the cause for respondent Board of Public Utility Commissioners (Mr. George F. Kugler, Jr., Attorney General of New Jersey, attorney).

No appearance for respondent Township of Brick.

The opinion of the Court was delivered by HALL, J.

This litigation concerns the right to furnish water service to a portion of Brick Township (Township), Ocean County, as between South Lakewood Water Company (South Lakewood), a privately owned utility desirous of extending its lines from an adjacent municipality, and Brick Township Municipal Utilities Authority (Authority), a local governmental agency created to provide water and sewer service to the Township. On...

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