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SUSSEX RURAL ELEC. COOPERATIVE v. WANTAGE TP.

217 N.J. Super. 481 (1987)

526 A.2d 259

SUSSEX RURAL ELECTRIC COOPERATIVE, PLAINTIFF-APPELLANT, v. TOWNSHIP OF WANTAGE, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided May 13, 1987.

Attorney(s) appearing for the Case

Howard P. Shaw argued the cause for appellant (Farrell, Curtis & Davidson, attorneys).

Kenneth N. Laptook argued the cause for respondent (Kimmelman, Wolff & Samson, attorneys; N. Janine Dickey, on the brief).

Before Judges GAULKIN, BAIME and ASHBEY.

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

Sussex Rural Electric Cooperative (Sussex) brought this action to recover from the Township of Wantage (Wantage) its costs incurred in relocating poles, wires and other equipment as required by Wantage in connection with the widening and improving of roads along which the Sussex utilities had been placed. The Law Division judge held that Sussex must absorb the costs and accordingly granted summary judgment...

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