Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Ocean Seniors, L.L.C. v. Township of Ocean Sewerage Authority

July 31, 2007

OCEAN SENIORS, L.L.C., A LIMITED LIABILITY CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT,
v.
TOWNSHIP OF OCEAN SEWERAGE AUTHORITY, A MUNICIPAL SEWERAGE AUTHORITY OF THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT.



On appeal from Superior Court of New Jersey, Law Division, Monmouth County, L-4482-03, whose opinion is reported at N.J. Super. (Law Div. 2006).

The opinion of the court was delivered by: Payne, J.A.D.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

APPROVED FOR PUBLICATION

Submitted June 5, 2007

Before Judges Kestin, Weissbard and Payne.

Plaintiff, Ocean Seniors, L.L.C., a developer of an age-restricted condominium apartment development, appeals from an order of summary judgment against it in its action against defendant, Township of Ocean Sewerage Authority, that challenged the method utilized to calculate the sewerage connection fees applicable to the development.

On appeal, Ocean Seniors makes the following arguments:

POINT I

The Cost of a Connection Fee Must Match the Benefit Conferred.

POINT II

TOSA Should Not Be Permitted to Charge the Same Connection Fee For One- And Two-Bedroom Age-Restricted Apartments As It Does For Single-Family Residences.

POINT III

The Governing Statute Requires TOSA To Include the Service Units Of the Customer Communities in Total Service Units.

POINT IV

TOSA Should be Required to Include the Service Units of the Customer Communities ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.