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H.P. HIGGS CO., INC. v. MADISON

184 N.J. Super. 355 (1982)

446 A.2d 193

H.P. HIGGS COMPANY, INC., PLAINTIFF, v. BOROUGH OF MADISON, A MUNICIPAL CORPORATION, DEFENDANT.

Superior Court of New Jersey, Law Division Morris County.

Decided January 27, 1982.

Attorney(s) appearing for the Case

William C. Slattery for plaintiff (Rosen, Gelman and Weiss, attorneys).

Herbert A. Vogel for defendant (Vogel and Chait, attorneys).

BANGIOLA, J.D.C. (Temporarily assigned).

This is an action in lieu of prerogative writs brought by plaintiff H.P. Higgs Co., Inc., and against the Borough of Madison, a municipal corporation of New Jersey, in which plaintiff alleges that the provisions of Ordinance 31-80 are invalid and that the rates established by the said ordinance are arbitrary, capricious and discriminatory.

Madison operates a municipal...

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