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SETON CO. v. CITY OF NEWARK

194 N.J. Super. 499 (1984)

477 A.2d 397

SETON COMPANY, A NEW JERSEY CORPORATION, PLAINTIFF-RESPONDENT, v. CITY OF NEWARK, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided June 20, 1984.

Attorney(s) appearing for the Case

Michael Dougherty, Assistant Corporation Counsel, argued the cause for appellant (John J. Teare, Newark Corporation Counsel, attorney; Michael Dougherty, on the brief).

Richard E. Schwartz of Washington, D.C. and Alan M. Dershowitz of Cambridge, Massachusetts, each admitted pro hac vice, argued the cause for respondent (Crummy, Del Deo, Dolan & Purcell, attorneys; Collier, Shannon, Rill & Scott of Washington, D.C. and Alan M. Dershowitz of counsel; Alan M. Dershowitz, Richard E. Schwartz, Michael R. Griffinger and Michele A. Giusiana, on the brief).

Before Judges ARD, MORTON I. GREENBERG and TRAUTWEIN.

The opinion of the court was delivered by MORTON I. GREENBERG, J.A.D.

This appeal arises from a judgment entered in an action brought by plaintiff Seton Company in 1981 challenging an ordinance adopted that year by defendant City of Newark fixing sewer user charges. Plaintiff asserted in the trial court that the ordinance by establishing arbitrary, unreasonable and discriminatory rates violated New Jersey law and the equal protection and due process clauses of the...

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