1. Home
  2. Browse Decisions
  3. N.J.
  4. 132 N.J.
  5. 132 N.J. 564 (1993)
 

PINE BELT CHEVROLET v. JERSEY CENT. POWER

132 N.J. 564 (1993)

626 A.2d 434

PINE BELT CHEVROLET, INC., A NEW JERSEY CORPORATION, NICHOLAS B. SPORTELLI, M.D., AND JEAN C. SPORTELLI, HIS WIFE, PLAINTIFFS-RESPONDENTS, v. JERSEY CENTRAL POWER AND LIGHT COMPANY, A NEW JERSEY PUBLIC UTILITY, DEFENDANT-RESPONDENT, AND HAZEL F. GLUCK, COMMISSIONER OF THE DEPARTMENT OF TRANSPORTATION OF THE STATE OF NEW JERSEY, AND THE DEPARTMENT OF TRANSPORTATION OF THE STATE OF NEW JERSEY, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided July 8, 1993.

Attorney(s) appearing for the Case

Susan R. Roop, Deputy Attorney General, argued the cause for appellants (Robert J. Del Tufo, Attorney General of New Jersey, attorney; Joseph L. Yannotti, Assistant Attorney General, of counsel).

James H. Laskey argued the cause for respondent Jersey Central Power and Light Company (Norris, McLaughlin & Marcus, attorneys; Mr. Laskey and Walter G. Reinhard, of counsel and on the brief).

Dominic J. Aprile argued the cause for respondents Pine Belt Chevrolet, Inc., and Sportellis (Bathgate, Wegener, Dugan, Wouters, Neumann & Wolf, attorneys).

Richard B. McGlynn submitted a letter in lieu of brief on behalf of amicus curiae, New Jersey Utilities Association (LeBoeuf, Lamb, Leib & MacRae, attorneys).

CLIFFORD, J.

This appeal raises an issue of statutory interpretation. Under the common law a utility company is required to pay the costs of relocating a utility facility when the relocation is required because of highway construction that furthers the public interest. A section of the Act, N.J.S.A. 27:7-44.9, shifts those costs to the State Department of Transportation (DOT) for relocations necessitated by highway projects.

We granted certification...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases