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BOR. OF PITMAN v. SKOKOWSKI

193 N.J. Super. 215 (1984)

473 A.2d 100

BOROUGH OF PITMAN, PLAINTIFF-APPELLANT, v. BARRY SKOKOWSKI, DIRECTOR OF THE DIVISION OF LOCAL GOVERNMENT SERVICES, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided February 1, 1984.

Attorney(s) appearing for the Case

Warren H. Carr argued the cause for appellant (Cresse, Carr, Peaslee & Thompson, attorneys; Warren H. Carr on the brief).

Daniel P. Reynolds, Deputy Attorney General, argued the cause for respondent (Irwin I. Kimmelman, Attorney General of New Jersey, attorney, Deborah T. Poritz, Deputy Attorney General, of counsel; Daniel P. Reynolds on the brief).

Before Judges BOTTER, PRESSLER and O'BRIEN.

The opinion of the court was delivered by O'BRIEN, J.A.D.

This case involves the effect of the transfer by a municipality to a lighting district of its expense in providing street lighting upon its "CAP base" under N.J.S.A. 40A:4-45.2.

On January 26, 1981 plaintiff Borough of Pitman (Borough) created a lighting district pursuant to N.J.S.A. 40:91-1 et seq. to which it transferred responsibility...

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