NJ Justices Say Town's Sewer Policy Stymies Development
Law360, New York (May 5, 2015, 8:52 PM EDT) -- The New Jersey Supreme Court ordered a state township to examine the allocation of unused sewer capacity and explain if any can be recalled, ruling Tuesday that the town's de facto policy of not recapturing unused capacity contravenes its own ordinances and is "the functional equivalent of a moratorium on development."
The justices concluded that a state appellate court erred by reversing a trial court's order requiring the New Jersey township of Readington to undertake a critical review of unused sewer capacity identified by 388 Route 22 Readington Realty Holdings LLC and to determine whether any such capacity can be recaptured...
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