Summary
In Brooks v. City of Orange, 61 N.J. 576 (1972), and J.H.M.Realty Corp. v. Town of Belleville, 61 N.J. 577 (1972), we also declined to depart from the Reimann rule.
Summary of this case from Weinberg v. DingerOpinion
Argued November 20, 1972 —
Decided December 4, 1972.
Appeal from Superior Court, Appellate Division.
Mr. Samuel A. Gennet argued the cause for appellants ( Mr. John Methfessel, on the brief; Messrs. Gennet and Methfessel, attorneys).
Mr. Maurice B. McLaughlin argued the cause for respondent ( Messrs. Galvin and McLaughlin, attorneys).
Certification was granted in this matter, 60 N.J. 514 (1972), and also in J.H.M. Realty Corp. v. Town of Belleville, 60 N.J. 471 (1972), also decided this day, 61 N.J. 577, to permit consideration of the doctrine of Reimann v. Monmouth Consolidated Water Co., 9 N.J. 134 (1952), and Sydney Grossman Hotel Corp. v. Lakewood Water Co., 27 N.J. 91 (1958). We are not persuaded to depart from those decisions and hence the judgment herein is affirmed.
For affirmance — Chief Justice WEINTRAUB, Justices HALL and MOUNTAIN, and Judges CONFORD, SULLIVAN and LEWIS — 6.
For reversal — None.