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DANIEL v. BOROUGH OF OAKLAND

124 N.J. Super. 69 (1973)

304 A.2d 757

HERBERT H. DANIEL, ET AL., PLAINTIFFS-APPELLANTS, v. THE BOROUGH OF OAKLAND, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided May 10, 1973.

Attorney(s) appearing for the Case

Mr. Kent A. Losche argued the cause for appellants (Messrs. Losche & Losche, attorneys).

Mr. William DeLorenzo, Jr. argued the cause for respondent.

Before Judges LEWIS, CARTON and MINTZ.

The opinion of the court was delivered by CARTON, J.A.D.

The narrow issue posed on this appeal is whether a municipality has the power to increase water rates retroactively.

The mayor and council of defendant Borough of Oakland in 1967 adopted an ordinance creating a water department, which it charged with responsibility for the operation of its municipal water supply system. This ordinance, adopted pursuant to N.J.S.A. 40:62-47 et seq., provided...

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