MAYOR AND MUN. COUNCIL v. WATER COM'N


115 N.J. 126 (1989)

557 A.2d 299

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-RESPONDENTS AND CROSS-APPELLANTS, AND BOROUGH OF FAIR LAWN; TOWN OF NUTLEY; BOROUGH OF LINCOLN PARK; AND BOROUGH OF HALEDON, PLAINTIFFS, v. PASSAIC VALLEY WATER COMMISSION, A BODY POLITIC AND SUBDIVISION OF THE STATE OF NEW JERSEY; AND CITY OF PATERSON, DEFENDANTS-APPELLANTS AND CROSS-RESPONDENTS, AND BOROUGH OF BLOOMINGDALE; BOROUGH OF ELMWOOD PARK; TOWNSHIP OF FAIRFIELD; CITY OF GARFIELD; TOWN OF HARRISON; BOROUGH OF NORTH ARLINGTON; TOWNSHIP OF NORTH CALDWELL; CITY OF PASSAIC; BOROUGH OF RINGWOOD; BOROUGH OF TOTOWA; TOWNSHIP OF VERONA; BOROUGH OF WALLINGTON; AND BOROUGH OF WEST PATERSON, DEFENDANTS. SENATOR JOSEPH BUBBA, MAYOR SAMUEL CHERBA AND ASSEMBLYMAN GERALD ZECKER, PLAINTIFFS-RESPONDENTS, v. PASSAIC VALLEY WATER COMMISSION, A BODY POLITIC AND SUBDIVISION OF THE STATE OF NEW JERSEY, DEFENDANT-APPELLANT, AND IMRE KARASZEGI, JR., DEFENDANT. MAYOR AND MUNICIPAL COUNCIL OF THE BOROUGH OF NORTH ARLINGTON, A MUNICIPAL CORPORATION AND SUBDIVISION OF THE STATE OF NEW JERSEY; AND ROBERT LANDOLFI, PLAINTIFFS-RESPONDENTS, v. PASSAIC VALLEY WATER COMMISSION, A BODY POLITIC AND SUBDIVISION OF THE STATE OF NEW JERSEY, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided May 3, 1989.


Attorney(s) appearing for the Case

Harold Goldman argued the cause for appellant and cross-respondent Passaic Valley Water Commission, etc. (William Rosenberg, General Counsel, attorney).

Susan E. Champion, First Assistant Corporation Counsel, argued the cause for appellant and cross-respondent City of Paterson (Ralph L. DeLuccia, Jr., Corporation Counsel, attorney).

Sam Monchak, City Counsel, argued the cause for respondents and cross-appellants Mayor and Municipal Council of the City of Clifton, etc., et al.

Peter A. Scandariato argued the cause for respondents Mayor and Municipal Council of the Borough of North Arlington, et al. (Edwin C. Eastwood, Jr., attorney).

Patrick J. Caserta argued the cause for respondents Senator Joseph Bubba, et al. (Kessler and Caserta, attorneys).

John J. McKniff, City Attorney, submitted a letter in lieu of brief on behalf of City of Passaic.


The opinion of the Court was delivered by GARIBALDI, J.

Pursuant to N.J.S.A. 40:62-108 to -150.2 (the enabling statute), the cities of Paterson, Passaic, and Clifton (the owner-cities) on February 3, 1931, entered into an agreement to form the Passaic Valley Water Commission (PVWC), a municipally-owned-and-operated water company. On April 9, 1986, PVWC adopted a resolution authorizing it to distribute $500,000 of ...

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