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WEIDLING v. BOROUGH OF MANVILLE

172 N.J. Super. 371 (1979)

412 A.2d 133

KEVIN WEIDLING, RICHARD MAHON, JANET PETITIO, JOSEPH RUSSO, WALTER T. KEHOE, AND F. PATRICK KEDIAN, PLAINTIFFS, v. THE BOROUGH OF MANVILLE, A MUNICIPAL CORPORATION IN THE COUNTY OF SOMERSET, STATE OF NEW JERSEY, DEFENDANT.

Superior Court of New Jersey, Law Division — Somerset County.

Decided December 12, 1979.

Attorney(s) appearing for the Case

Lieberman & Ryan for plaintiffs (Thomas R. Ryan appearing, Marvin S. Lieberman on the brief).

Henry E. Rzemieniewski for defendant.

IMBRIANI, J.S.C.

This is a motion for summary judgment seeking to compel the Borough of Manville which owns and operates a water supply system to charge the same rates to out-of-town users as it charges its own residents. Out-of-town users pay about double the rates charged to Manville residents.

The out-of-town users claim that N.J.S.A. 40:62 85.2 (enacted February 8, 1979) requires defendant to charge...

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