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CITY OF NO. WILDWOOD v. BD. OF COMM'RS OF WILDWOOD

71 N.J. 354 (1976)

365 A.2d 465

CITY OF NORTH WILDWOOD; BOROUGH OF WILDWOOD CREST; TOWNSHIP OF MIDDLE; AND TOWNSHIP OF LOWER, MUNICIPAL CORPORATIONS OF THE STATE OF NEW JERSEY, INDIVIDUALLY AND ON BEHALF OF THE RESIDENTS OF SAID MUNICIPALITIES WHO ARE CONSUMERS OF WATER DELIVERED BY THE CITY OF WILDWOOD, PLAINTIFFS-APPELLANTS, v. BOARD OF COMMISSIONERS OF THE CITY OF WILDWOOD, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided October 28, 1976.

Attorney(s) appearing for the Case

Mr. Nielsen V. Lewis, Deputy Attorney General, Dept. of Law and Public Safety, Div. of Law, argued the cause for appellant Board of Public Utility Commissioners (Mr. William F. Hyland, Attorney General of New Jersey, attorney; Mr. Richard M. Conley, Deputy Attorney General, of counsel; Mr. Lewis on the brief).

Mr. William M. Balliete, Jr. argued the cause for appellants (Messrs. Cafiero and Balliete, attorneys).

Mr. John K. Groon argued the cause for respondent (Messrs. Hayman, Gorelich & Groon, attorneys).

PER CURIAM.

The City of Wildwood (Wildwood) supplies water to the inhabitants of the City of North Wildwood, Borough of Wildwood Crest, Township of Middle and Township of Lower. When Wildwood adopted an ordinance in 1973 increasing the water rates by 58%, the four municipalities filed a petition with the Board of Public Utility Commissioners (Board), requesting the Board to declare the proposed rates invalid and determining fair and reasonable water charges.

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