Opinion

Township of Deptford v. Woodbury Terrace Sewerage Corp.

  • 54 N.J. 418
  • 255 A.2d 737
  • 1969 N.J. LEXIS 213
Court
Supreme Court of New Jersey
Filed
Jul 15, 1969
Status
Published
Author
Weintraub
On the bench
Proctor, Weintraub, Francis
Cited by
30 cases

holding that under N.J.S.A. 48:2 — 10, BPU had authority to revoke its prior approval of option clause in license granting franchise, which permitted municipal government to purchase franchise at later date for specified sum

How later courts described this case

  • holding that under N.J.S.A. 48:2 — 10, BPU had authority to revoke its prior approval of option clause in license granting franchise, which permitted municipal government to purchase franchise at later date for specified sum
  • holding that under N.J.S.A. 48:2-40, BPU had authority to revoke its prior approval of option clause in license granting franchise, which permitted municipal government to purchase franchise at later date for specified sum
  • indicating that the Public Utilities Commission had broad interpretive powers.
  • "Our courts have consistently held that the Legislature in Title 48 intended to delegate the widest range of regulatory power over public utilities to the [BPU]."

Written by the judges who cited it.

The opinion

Weintraub, C. J.

(concurring). I join in the opinion of Mr. Justice Proctor but I add that I believe it was beyond the power of the municipality to exact the option in question, and hence that the option was void from the beginning. In my view no statute authorized the imposition of a condition of that kind.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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