Legal Opinion

Daniel v. Borough of Oakland

New Jersey Superior Court Appellate Division

Decided May 10, 1973PublishedCited by 9 opinions

1Opinion of the Court

The opinion of the court was delivered by

Carton, J. A. D.

The narrow issue posed on this appeal is whether a municipality has the power to increase water rates retroactively.

The mayor and council of defendant Borough of Oakland in 1967 adopted an ordinance creating a water department, which it charged with responsibility for the operation of its municipal water supply system. This ordinance, adopted pursuant to N. J. S. A. 40:62-47 et seq., provided for the sale of water to persons within and outside the borough on conditions and according to a schedule of fees set forth in the ordinance.

There…

2Cited by9 opinions

  1. Steven B. Stern Michele Stern the Lorenzo Trust v. Francis X. Halligan, Jr. Jeffrey W. Flatt Berkeley Township Berkeley Township Municipal Utilities Authority v. Francis X. Halligan, Jr Berkeley Township, Third-Party v. Michael Peter Scillitani, Third-Party (Trenton D.C. Civil No. 95-Cv-03449). Steven B. Stern Michele Stern the Lorenzo Trust v. Francis X. Halligan, Jr Jeffrey W. Flatt Berkeley Township Berkeley Township Municipal Utilities Authority v. Francis X. Halligan, Jr., Berkeley Township, Third-Party v. Michael Peter Scillitani, Third-Party (Trenton D.C. Civil No. 95-3885). Steven B. Stern, Michele Stern, the Lorenzo TrustCourt of Appeals for the Third Circuit · 1998
  2. Albigese v. City of Jersey CityNew Jersey Superior Court Appellate Division · 1974
  3. Ivan v. MARLBORO TP. MUNICIPAL UTILITIES AUTH.New Jersey Superior Court Appellate Division · 1978
  4. Stern v. HalliganCourt of Appeals for the Third Circuit · 1998
  5. Drop v. Town of Belleville Munic. Corp.New Jersey Superior Court Appellate Division · 1983

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