Search Rutgers Law Library N.J. Court Opinions

1 IN THE MATTER OF THE PETITION OF ATLANTIC CITY ELECTRIC COMPANY -- rank: 1000

... V. LAND & C.M. LIVESTOCK, L.L.C. PURSUANT TO N.J.S.A. 48:3-7. _______________________________________________ July 17, 2013 Argued April 15, 2013 – Decided Before ... sale, lease or other disposition of its property is explicit. N.J.S.A. 48:3-7(a) provides in pertinent part: [N]o public utility shall ... meaningful review of the petition as required by statute. See N.J.S.A. 48:3-7(a) ("[e]very sale . . . made in violation of this section ... obtainable. We agree. The BPU has interpreted its authority under N.J.S.A. 48:3-7(a) as requiring a showing of three factors known as ... offer." Erie-Lackawanna and West Jersey provide clear direction that N.J.S.A. 48:3-7(a) requires more than a perfunctory review of a utility ... the Erie-Lackawanna doctrine violates express legislative policy expressed in N.J.S.A. 48:3-7, and therefore, it is arbitrary, capricious, and unreasonable, and ...

docket:	a5711-09
court:	New Jersey Superior Court Appellate Division
decided:	2013-07-17
status:	Published
citation:
Document Size:	75150

2 MEADOWBROOK INDUSTRIES LLC v. WALKER MANAGEMENT SYSTEMS INC -- rank: 876

... was unenforceable without the approval of the DEP pursuant to N.J.S.A. 48:3-7(c). At the motion judge's request, the parties submitted ... statutory mandate to obtain DEP approval is set forth in N.J.S.A. 48:3-7(c), which states in pertinent part: [N]o solid waste ... APA is not enforceable because DEP approval was required under N.J.S.A. 48:3-7 and concedes that both parties were responsible for obtaining approval ... from DEP. The statute bears this out. The prohibition in N.J.S.A. 48:3-7(c)(1) is directed at the solid waste collector who ... within the plain language of this prohibition. The prohibition in N.J.S.A. 48:3-7(c)(2) is not so limited. Under that subsection, "no ... this transaction would appear to subject them to enforcement penalties, N.J.S.A. 48:3-7(c)(1) is silent as to the enforceability of ...

docket:	a3568-11
court:	NJ Superior Court Appellate Division
decided:	2013-03-05
status:	unpublished
citation:
Document Size:	24868

3 CLAREMONT ASSOCIATES CORP. v. UNITED WATER MID-ATLANTIC UTILITIES INCORPORATED -- rank: 809

... sewer system." The judge also concluded as follows: Pursuant to N.J.S.A. 48:3-7, the BPU is charged with approving any transfer or transaction ... argue that N.J.S.A. 48:2-13 and N.J.S.A. 48:3-7(a) do not apply because plaintiffs are not public utilities ... its property, franchises, privileges or rights, or any part thereof . . . . " N.J.S.A. 48:3-7(a). Every "disposition [or] encumbrance . . . made [without the BPU's ... any part thereof, to the capacity in the sewer system. N.J.S.A. 48:3-7(a). Affirmed. 1 This agreement stemmed from SCMUA's planned ...

docket:	a6287-08
court:	NJ Superior Court Appellate Division
decided:	2010-11-29
status:	unpublished
citation:
Document Size:	31526

4 MICHAEL VANCE v. JOAN SCERBO -- rank: 763

... to discharge its obligation to comply with the requirements of N.J.S.A. 48:3-7(c)(1), Walker seeks to 5 The Ambrosio defendants note ...

docket:	a2019-17
court:	NJ Superior Court Appellate Division
decided:	2019-02-26
status:	Unpublished
citation:
Document Size:	37466

5 CITY OF NEWARK v. TOWNSHIP OF JEFFERSON -- rank: 604

... The property is also restricted by the Watershed Moratorium Act, N.J.S.A. 48:3- -7 and N.J.S.A. 48:2-23.1, and ...

docket:	a1303-19
court:	NJ Superior Court Appellate Division
decided:	2021-01-29
status:	Published
citation:
Document Size:	24682

6 IN THE MATTER OF THE APPLICATIONS OF VERIZON NEW JERSEY, INC. -- rank: 583

... S.A. 48:2-21.18 limits its authority under N.J.S.A. 48:3-7 to require sharing of proceeds is an impermissible expansion of ...

docket:	a4473-05
court:	njappellate
decided:	2008-01-04
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	39573

7 IN THE MATTER OF THE APPLICATIONS OF VERIZON NEW JERSEY, INC. -- rank: 583

... S.A. 48:2-21.18 limits its authority under N.J.S.A. 48:3-7 to require sharing of proceeds is an impermissible expansion of ...

docket:	a6567-05
court:	njappellate
decided:	2008-01-04
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	39573

8 IN THE MATTER OF THE APPLICATIONS OF VERIZON NEW JERSEY, INC. FOR THE APPROVAL OF THE SALE AND CONVEYANCE OF REAL PROPERTY LOCATED IN THE CITY OF JERSEY CITY HUDSON COUNTY, NEW JERSEY TO KENNEDY BUSINESS CENTER, L.L.C IN THE MATTER OF THE APPLICATIONS OF -- rank: 583

... S.A. 48:2-21.18 limits its authority under N.J.S.A. 48:3-7 to require sharing of proceeds is an impermissible expansion of ...

docket:	a6566-05
court:	NJ Superior Court Appellate Division
decided:	2008-01-04
status:
citation:
Document Size:	40469

9 CITY OF NEWARK V. DEPT OF ENVIRONMENTAL PROTECTION -- rank: 438

... the buffer zone regulatory program is in place.         [Reprinted at N.J.S.A. 48:3-7].     Neither Senate Bill Number 2339 of l990, nor any similar ...

docket:	a672-94
court:	njappellate
decided:	1995-11-13
status:	published
citation:	285 N.J.Super. 385
Document Size:	28717