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WANAQUE BOROUGH SEWERAGE AUTH. v. TWP. OF WEST MILFORD

144 N.J. 564 (1996)

677 A.2d 747

WANAQUE BOROUGH SEWERAGE AUTHORITY, PLAINTIFF, v. TOWNSHIP OF WEST MILFORD, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-APPELLANT, AND BOROUGH OF RINGWOOD, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, BOROUGH OF WANAQUE, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY AND RINGWOOD BOROUGH SEWERAGE AUTHORITY, DEFENDANTS, AND WANAQUE VALLEY REGIONAL SEWERAGE AUTHORITY, DEFENDANT AND THIRD-PARTY PLAINTIFF-RESPONDENT, v. WEST MILFORD MUNICIPAL UTILITIES AUTHORITY; EUGENE RICHARDS, WEST MILFORD TOWNSHIP CONSTRUCTION OFFICIAL; JOHN B. GREENE, WEST MILFORD TOWNSHIP CHIEF SANITARIAN; JACOB MAAS, BOROUGH OF RINGWOOD CONSTRUCTION CODE OFFICIAL; GENE OSIAS, BOROUGH OF RINGWOOD HEALTH OFFICER; AND STATE OF NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, THIRD-PARTY DEFENDANTS.

The Supreme Court of New Jersey.

Decided June 26, 1996.

Attorney(s) appearing for the Case

Martin F. Murphy argued the cause for appellant (Johnson, Murphy, Hubner, McKeon, Wubbenhorst & Appelt, attorneys; Mr. Murphy and Robert H. Oostdyk, Jr., on the brief).

Richard S. Miller for respondent (Williams, Caliri, Miller & Otley, attorneys).

The opinion of the Court was delivered by O'HERN, J.

This appeal concerns the liability of a founding municipality for the debts of a regional sewerage authority. The debts were incurred as planning expenses prior to the provision by the regional authority of waste water treatment facilities to serve the needs of the citizens of the constituent municipalities. Over the twenty-year period between the formation of the concept of a regional authority and the commencement...

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