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VAN HOLTEN GROUP v. ELIZABETHTOWN WATER CO.

121 N.J. 48 (1990)

577 A.2d 829

VAN HOLTEN GROUP, KENNETH S. PIZZO, SR., EILEEN E. PIZZO, AND HUNTINGDON, INC., PETITIONERS-APPELLANTS, v. ELIZABETHTOWN WATER COMPANY, RESPONDENT-RESPONDENT.

The Supreme Court of New Jersey.

Decided August 7, 1990.

Attorney(s) appearing for the Case

Stewart M. Hutt argued the cause for appellants (Hutt & Berkow, attorneys; Stewart M. Hutt and Ben D. Shiriak, on the briefs).

Walter M. Braswell argued the cause for respondent Elizabethtown Water Company.

Helene S. Wallenstein, Deputy Attorney General, argued the cause for respondent Board of Public Utilities (Robert J. del Tufo, Attorney General of New Jersey, attorney, Andrea M. Silkowitz, Assistant Attorney General, of counsel).

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

This case concerns whether the developer of a large residential community or a utility should bear the original costs of main extensions to a new development. The developer deposited with the utility funds to cover the original expenditure for main extensions, and now seeks full repayment of the deposit. The utility claims that the developer is entitled only to a partial refund calibrated to the completion and...

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