Search Rutgers Law Library N.J. Court Opinions

1 NEW PROVIDENCE APARTMENTS CO., L.L.C. v. MAYOR AND COUNCIL OF BOROUGH OF NEW PROVIDENCE -- rank: 1000

... through user fees, it must comply with the mandate of N.J.S.A. 40A:26A-10 that such "fees . . . shall be . . . uniform and equitable for the ... real estate taxes and partly from user fees, violates either N.J.S.A. 40A:26A-10 or the equal protection guarantees of the United States and ... conclude that the challenged New Providence ordinance is consistent with N.J.S.A. 40A:26A-10 and is constitutional. I. Plaintiffs are the owners of apartments ... a municipality to charge sewer user fees is provided by N.J.S.A. 40A:26A-10, which states in pertinent part: After the commencement of operation ... the region served. Our courts have long recognized that under N.J.S.A. 40A:26A-10 and a similar statutory provision governing sewerage authorities ( N.J ... use and service" are "the same" within the intent of N.J.S.A. 40A:26A-10. Thus, in Piscataway Apartment Ass'n v. Township of ...

docket:	a2924-10
court:	NJ Superior Court Appellate Division
decided:	2011-12-01
status:	published
citation:	423 N.J. Super. 210 31 A.3d 958
Document Size:	43803

2 HILLSIDE ESTATES, INC v. BOROUGH OF SAYREVILLE -- rank: 895

... s sewerage fees is not "equitable," as is required by N.J.S.A. 40A:26A-10. The Borough's classification of Winding Woods as an industrial ... or rentals to be charged to users of sewerage services." N.J.S.A. 40A:26A-10. In setting such rates, a municipality must adhere to certain standards set forth within N.J.S.A. 40A:26A-10, including the following: Rates or rentals being in the nature ... units shall deem proper and equitable within the region served . [ N.J.S.A. 40A:26A-10 (emphasis added).] Although it is not directly applicable here because ... by the Borough in setting rates are "proper and equitable." N.J.S.A. 40A:26A-10. Those statutory requirements, essentially turning upon notions of what is ... use and service' are 'the same' within the intent of N.J.S.A. 40A:26A-10." 423 N.J. Super. at 216. The zone of ...

docket:	a5450-10
court:	NJ Superior Court Appellate Division
decided:	2012-12-11
status:	unpublished
citation:
Document Size:	53811

3 ARNOT 40 REALTY L.L.C. v. BOROUGH OF LODI -- rank: 770

... is more circumscribed than a governing body's authority under N.J.S.A. 40A:26A-10 involved in this appeal."). However, we review appeals from final ... body . . . shall deem proper and equitable within the region served . [ N.J.S.A. 40A:26A-10 (emphasis added).] In doing so, a municipality "shall establish a ... operating budget deficit occurring in the immediately preceding fiscal year[.]" N.J.S.A. 40A:26A-10(a). The municipality may also fix rates that permit it to establish a surplus. N.J.S.A. 40A:26A-10(b). We have recognized that "[o] ur courts . . . have only ... 423 N.J. Super. at 218-19 (emphasis added) (quoting N.J.S.A. 40A-26A-10).] In this case, the Ordinance was enacted not only to ... upon non-residential users. Contrary to plaintiff's assertions, under N.J.S.A. 40A:26A-10, Lodi need not have considered the actual usage of ...

docket:	a5828-12
court:	NJ Superior Court Appellate Division
decided:	2014-06-23
status:	unpublished
citation:
Document Size:	26908

4 PAIGE LAND DEVELOPMENT CORP v. BOROUGH OF RIVERDALE -- rank: 749

... paid the fees, was ultra vires because it conflicted with N.J.S.A. 40A:26A-10, -11. We affirm. I. Riverdale is a non-member customer ... for sewage services under each statute is almost identical. See N.J.S.A. 40A:26A-10, -11; N.J.S.A. 40:14A-8; N.J ... may charge two types of fees: (1) sewage service charges, N.J.S.A. 40A:26A-10, and (2) connection fees, N.J.S.A. 40A:26A ... or rentals," can "be charged to users of sewerage services." N.J.S.A. 40A:26A-10. A connection fee is "a separate charge in the nature ... is similar to the language in SAL and MCUAL. Compare N.J.S.A. 40A:26A-10, -11, with N.J.S.A. 40:14A-8, and ...

docket:	a0500-12
court:	NJ Superior Court Appellate Division
decided:	2016-03-23
status:	unpublished
citation:
Document Size:	33246

5 Bi-County Development of Clinton, Inc. v. Borough of High Bridge, et al -- rank: 647

... sewer services they provide as well as connection fees. See N.J.S.A. 40A:26A-10-11. Municipalities may impose special assessments for local improvements such ...

docket:	a-46-01
court:	njsupreme
decided:	2002-08-05
status:
citation:	174 N.J. 301
Document Size:	83110

6 JAMES MAZZER v. CITY OF GARFIELD, a Municipal Corporation of the State of New Jersey -- rank: 444

... family residences were bearing a disproportionate share of the costs. N.J.S.A. 40A:26A-10. Garfield argued that a municipality was authorized to fund its ... unit . . . shall deem proper and equitable within the region served. [ N.J.S.A. 40A:26A-10.] "The clearest indication of a statute's meaning is its ...

docket:	a3253-12
court:	New Jersey Superior Court Appellate Division
decided:	2014-03-03
status:	Published
citation:
Document Size:	20158