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MAYOR AND MUNICIPAL COUNCIL OF CITY OF CLIFTON v. PASSAIC VALLEY WATER COM'N

224 N.J. Super. 53 (1987)

539 A.2d 760

MAYOR AND MUNICIPAL COUNCIL OF THE CITY OF CLIFTON, A MUNICIPAL CORPORATION AND SUBDIVISION OF THE STATE OF NEW JERSEY, AND JOSEPH J. LYNN, SR., PLAINTIFFS, v. PASSAIC VALLEY WATER COMMISSION, A BODY POLITIC AND SUBDIVISION OF THE STATE OF NEW JERSEY, CITY OF PATERSON AND CITY OF PASSAIC, DEFENDANTS. SENATOR JOSEPH BUBBA, MAYOR SAMUEL CHERBA AND ASSEMBLYMAN GERALD ZECKER, PLAINTIFFS, v. PASSAIC VALLEY WATER COMMISSION, A BODY POLITIC AND SUBDIVISION OF THE STATE OF NEW JERSEY, DEFENDANTS. MAYOR AND MUNICIPAL COUNCIL OF THE BOROUGH OF NORTH ARLINGTON, A MUNICIPAL CORPORATION AND SUBDIVISION OF THE STATE OF NEW JERSEY; ROBERT LANDOLFI, PLAINTIFFS, v. PASSAIC VALLEY WATER COMMISSION, A BODY POLITIC AND SUBDIVISION OF THE STATE OF NEW JERSEY, DEFENDANT.

Superior Court of New Jersey, Law Division Passaic County.

Decided July 21, 1987.

Attorney(s) appearing for the Case

Sam Monchak for plaintiffs Mayor and Municipal Council of the City of Clifton and Joseph J. Lynn, Sr.

Patrick J. Caserta for plaintiffs Senator Joseph Bubba, Mayor Samuel Cherba and Assemblyman Gerald Zecker.

Mark C. Curtis for plaintiffs Mayor and Municipal Council of the Borough of North Arlington, and Robert Landolfi (Edwin C. Eastwood, attorney).

William J. Rosenberg for defendant Passaic Valley Water Commission.

Susan E. Champion for defendant City of Paterson (Ralph J. DeLuccia, Jr., attorney).

John J. McKniff for defendant City of Passaic.

SAUNDERS, J.S.C.

This consolidated action in lieu of prerogative writs is brought by various plaintiffs against the Passaic Valley Water Commission and two of its owner municipalities, Paterson and Passaic. All plaintiffs challenge a resolution of the Passaic Valley Water Commission (Commission), distributing $500,000 from "surplus" to the three owner cities. Additionally, the City of Clifton as a third owner city, seeks to declare as invalid, paragraph 13 of the...

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