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FREEHOLD BOROUGH v. FREEHOLD TP.

193 N.J. Super. 724 (1984)

475 A.2d 691

FREEHOLD BOROUGH, PLAINTIFF-APPELLANT, v. FREEHOLD TOWNSHIP, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided May 18, 1984.

Attorney(s) appearing for the Case

Joseph D. Youssouf argued the cause for appellant.

Granville D. Magee argued the cause for respondent (Magee, Kirschner & Graham, attorneys; Granville D. Magee, on the brief).

Cindy K. Miller, Deputy Attorney General, argued the cause for intervenor Board of Public Utilities (Irwin I. Kimmelman, Attorney General of New Jersey, attorney; Deborah T. Portiz, Deputy Attorney General, of counsel; Margaret M. Foti, Deputy Attorney General, on the brief).

Before Judges KING, DREIER and BILDER.

The opinion of the court was delivered by KING, J.A.D.

This case presents the question of whether the Board of Public Utilities has jurisdiction over sewer fees charged by a municipality for services provided to customers residing in a neighboring municipality. The Borough of Freehold appeals from a summary judgment granted in the Law Division ruling that the Board of Public Utilities (BPU) had jurisdiction to review the increase in sewer rates imposed upon residents...

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