Bi-County Development of Clinton, Inc. v. Borough of High Bridge

The Court holds that Bi-County, a developer that has agreed to pay up to $374,000 toward the construction of low- and moderate-income housing units, cannot connect to High Bridge’s sewer line. In so doing, it forces Bi-County to spend in excess of $600,000 on *329an alternative sewer connection without any determination concerning whether the connection to High Bridge’s sewer system would place a burden on that system or on the municipality’s taxpayers. More significant than requiring the needless expenditure of funds by this one developer, the Court’s holding limits a municipality’s flexibility…