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HOWELL TP. v. MANASQUAN RIVER REGIONAL SEWERAGE AUTHORITY

215 N.J. Super. 173 (1987)

521 A.2d 858

HOWELL TOWNSHIP AND HOWELL TOWNSHIP MUNICIPAL UTILITIES AUTHORITY, PLAINTIFFS-APPELLANTS, v. MANASQUAN RIVER REGIONAL SEWERAGE AUTHORITY, OCEAN COUNTY UTILITIES AUTHORITY, BOROUGH OF FARMINGDALE AND TOWNSHIP OF WALL, DEFENDANTS-RESPONDENTS. BOROUGH OF FREEHOLD, ERIC H. FOSTER, JR., AND EDWARD S. MACK, PLAINTIFFS-APPELLANTS, v. MANASQUAN RIVER REGIONAL SEWERAGE AUTHORITY, OCEAN COUNTY UTILITIES AUTHORITY, BOROUGH OF FARMINGDALE AND TOWNSHIP OF WALL, DEFENDANTS-RESPONDENTS. TOWNSHIP OF FREEHOLD, DAVID P. SEGAL, ROBERTA FRIEDMAN AND EVELYN CROSS, PLAINTIFFS-APPELLANTS, v. MANASQUAN RIVER REGIONAL SEWERAGE AUTHORITY, OCEAN COUNTY UTILITIES AUTHORITY, BOROUGH OF FARMINGDALE AND TOWNSHIP OF WALL, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided February 9, 1987.

Attorney(s) appearing for the Case

William J. O'Hagan, Jr., argued the cause for appellants Howell Township and Howell Township Municipal Utilities Authority (Stout, O'Hagan & O'Hagan, attorneys, William O'Hagan of counsel and on the joint brief with Matthew R. Kiffin).

Joseph D. Youssouf, argued the cause for appellant Borough of Freehold (Joseph Youssouf of counsel and on the joint brief).

Duane O. Davison argued the cause for appellant Township of Freehold (Bennett, Davison & Monoz, attorneys; Duane Davison of counsel and on the joint brief).

Charles E. Starkey argued the cause for respondent Manasquan River Regional Sewerage Authority (Starkey, Kelly, Blaney & White, attorneys; Charles Starkey on the brief).

Respondent Ocean County Utilities Authority has filed a letter communication of non-participation.

Respondent Borough of Farmingdale and Township of Wall have not filed briefs.

Before Judges KING, DEIGHAN and HAVEY.

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

The principal issue raised by these consolidated appeals is whether the Chancery Division has the inherent power to dissolve a local sewerage authority created under N.J.S.A. 40:14A-1, et seq. We conclude that the Chancery Division has no such power. We hold that a local sewerage authority may be dissolved only under the statutory framework provided by N.J.S.A. 40:14A-1, et seq., and...

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