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6 N.J.A.R. 210

West Keansburg Water Company; A & A Construction Corporation v
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Citation: 6 N.J.A.R. 210
Decision Date: 1980
Synopsis: Petitioner requested that the Board of Public Utilities compel re- spondent to construct water main extensions to a housing develop- ment pursuant to N.J.S.A 48:2-27. The administrative law judge assigned to the case concluded that respondent's voluntarily proceeding with construction under an agree- ment conditionally entered into by petitioner, did not deprive the Board of jurisdiction and that the Board had jurisdiction to allocate costs under the statute. The judge determined that petitioner's water main extensions were reasonable, practicable and furnished sufficient business to justify their construction and maintenance. In addition, the judge concluded that the financial condition of the public utility reasonably warranted the original expenditure required in making and operating the extensions. Accordingly, the judge ordered an allocation of the costs between petitioner and respondent. Stewart M. Hutt, Esq., for petitioner (Hutt, Berkow, Hollander & Jankowski, attorneys) Robert B. Gigl, Esq., for respondent (Podvey & Sachs, attorneys)
Statute(s) Cited: 48:2-27