New Jersey Builders Ass'n v. Borough of Mendham

The opinion of the court was delivered by

COLEMAN, J.H., P.J.A.D.

This case involves an appeal by the Borough of Mendham (Mendham) from a summary judgment requiring it to reimburse five developers $213,000 found to be excessive water connection fees. There is also a cross-appeal. We now reverse the judgment requiring the refunds and remand for further proceedings. We affirm on the cross-appeal.

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Mendham has its own water supply system, which it built about seventy-five years ago and has maintained since. Sometime shortly after January 1984, Mendham’s engineer decided that the water supply system…