Legal Opinion

Borough of Roselle v. Public Service Electric & Gas Co.

Supreme Court of New Jersey

Decided June 30, 1961No. P. U. C. DOCKET NO. 5612-9767; P. U. C. DOCKET NO. 576-10118PublishedCited by 143 opinions

1Opinion of the Court

The opinion of the court was delivered by

Hall, J.

The controversy represented by these cases concerns the power of a municipality to compel a public utility to carry its high-capacity electric power lines, transmitting current for other than local use, through the municipality by underground installation rather than on overhead structures.

The effort by the Borough of Roselle was pursued on two fronts. The first involved an amendment of the local zoning ordinance adopted after construction of the transmission line in question had been commenced. Before the amendment the ordinance did not deal…

2Cases cited4 opinions

  1. Jennings v. Connecticut Light & Power Co.Supreme Court of Connecticut · 1954
  2. People Ex Rel. Public Utilities Commission v. Mountain States Telephone & Telegraph Co.Supreme Court of Colorado · 1952
  3. City of Geneseo v. Illinois Northern Utilities Co.Illinois Supreme Court · 1936
  4. Benzinger, Police Judge v. Union Light, Etc.Court of Appeals of Kentucky (pre-1976) · 1943

3Cited by143 opinions

  1. Figueroa v. DEPT. OF CORRECTIONSNew Jersey Superior Court Appellate Division · 2010
  2. A. A. Mastrangelo, Inc. v. Commissioner of the Department of Environmental ProtectionSupreme Court of New Jersey · 1982
  3. Brown v. FauverCourt of Appeals for the Third Circuit · 1987
  4. Town of East Greenwich v. O'NEILSupreme Court of Rhode Island · 1992
  5. In Re Application of Saddle RiverSupreme Court of New Jersey · 1976

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