James Construction Co. v. Board of Public Utilities

The opinion of the court was delivered by

STERN, J.A.D.

Plaintiff and defendant construction companies appeal from the dismissal of a complaint challenging the constitutionality of the Underground Facility Protection Act (UFPA or Act), N.J.S.A. 48:2-73 to -91, claiming that the Act is unconstitutional both facially and as applied, that the actions taken by the Board of Public Utilities (BPU or Board) thereunder were unconstitutional, and that the subjects ruled upon by the trial judge “exceeded the scope of relief sought by defendants” thereby potentially foreclosing plaintiffs “from litigating…