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CITY OF PATERSON v. PASSAIC VALLEY SEWERAGE COMM'RS

175 N.J. Super. 520 (1980)

420 A.2d 1026

CITY OF PATERSON, CITY OF CLIFTON, CITY OF NEWARK AND CITY OF EAST ORANGE, ALL MUNICIPAL CORPORATIONS OF THE STATE OF NEW JERSEY, PLAINTIFFS-APPELLANTS, v. PASSAIC VALLEY SEWERAGE COMMISSIONERS, A BODY POLITIC AND CORPORATE OF THE STATE OF NEW JERSEY ET AL., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided September 25, 1980.

Attorney(s) appearing for the Case

Henry Ramer argued the cause for appellants (Salvatore Perillo, attorney for the City of Newark; Elliot Baumgart, attorney for the City of East Orange; Samuel Monchak, attorney for the City of Clifton).

James V. Segreto argued the cause for respondents (Segreto & Segreto, attorneys).

Before Judges ALLCORN, KOLE and PRESSLER.

PER CURIAM.

Plaintiffs, contracting municipal members of the Passaic Valley Sewerage District, brought this action in lieu of prerogative writs to compel the Commissioners (PVSC) to allocate to their respective accounts, by way of rebate or credit, their respective pro rata shares of a fund of approximately $1,400,000, representing the excess in PVSC's bond reserve fund. PVSC resisted plaintiffs' attempts to compel it to take this action on the grounds, among others...

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