New Jersey Suburban Water Co. v. Town of Harrison

The opinion of the court was delivered by

Heher, J.

In our view, there is serious question as to whether the respondent utility designed the “petition” filed by it with the Board of Public Utility Commissioners on April 29th, 1936, as a schedule of increased rates fixed by the utility under the authority conferred by section 17 (h) of chapter 195 of the laws of 1911, as amended by chapter 150 of the laws of 1926 (Pamph. L. 1911, pp. 374, 380; Pamph. L. 1926, pp. 239, 240; R. S. 1937, 48:2-21d), and therefore effective, by the mere act of filing, until suspended, changed, or altered by the board…