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MEGLINO v. TOWNSHIP COMMITTEE OF EAGLESWOOD

103 N.J. 144 (1986)

510 A.2d 1134

JOSEPH MEGLINO, PLAINTIFF-RESPONDENT, v. TOWNSHIP COMMITTEE OF THE TOWNSHIP OF EAGLESWOOD AND TOWNSHIP OF EAGLESWOOD, DEFENDANTS-APPELLANTS. KAPLAN & SONS CONSTRUCTION CORP., KAPLAN AT REFLECTIONS, INC., HILLSIDE ESTATES, INC., PARK VILLAGE INC., CALTON HOMES AT SAYREVILLE, INC., PETER MOCCO, HERBERT A. GOTTFRIED AND PHYLLIS GOTTFRIED, HIS WIFE, BABETTE BOIG AND MICHAEL COLLUCCI, PLAINTIFFS-RESPONDENTS AND CROSS-APPELLANTS, v. BOROUGH OF SAYREVILLE, A MUNICIPAL CORPORATION IN THE COUNTY OF MIDDLESEX, STATE OF NEW JERSEY, DEFENDANT-APPELLANT AND CROSS-RESPONDENT.

The Supreme Court of New Jersey.

Decided July 2, 1986.

Attorney(s) appearing for the Case

Thomas E. Monahan argued the cause for appellants (Gilmore & Monahan, attorneys; Terry F. Brady on the brief).

James S. Rothschild, Jr. argued the cause for appellant and cross-respondent (Riker, Danzig, Scherer, Hyland & Perretti, attorneys; James S. Rothschild and Edward K. DeHope, on the briefs).

Anthony M. Sellitto, Jr. and Leonard W. Roeber argued the cause for respondent (Roeber & Sellitto, attorneys).

Stewart M. Hutt argued the cause for respondents and cross-appellants (Hutt, Berkow & Janowski, attorneys; Wayne J. Peck on the brief).

Paul H. Schneider argued the cause for amicus curiae, State of New Jersey, Department of Environmental Protection (A-67) (W. Cary Edwards, Jr., Attorney General of New Jersey, attorney; James J. Ciancia, Assistant Attorney General, of counsel).

The opinion of the Court was delivered by O'HERN, J.

The central issue in these appeals is whether a municipality that operates its own water or sewer-treatment works may include in its rate or connection charges for a service area of the community a component to recover portions of the capital costs of the system.

The Appellate Division in Meglino v. Township Comm. of Eagleswood, 197 N.J.Super. 296 and Law...

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