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Sunday, December 11, 2011

NEW PROVIDENCE APARTMENTS CO., L.L.C. VS. MAYOR AND COUNCIL OF BOROUGH OF NEW PROVIDENCE, ET AL. A-2924-10T4

NEW PROVIDENCE APARTMENTS CO., L.L.C. VS. MAYOR AND

COUNCIL OF BOROUGH OF NEW PROVIDENCE, ET AL.

A-2924-10T4

A municipal ordinance that imposes a $100 annual fee per

apartment unit for sewer service upon owners of apartment

houses, but does not impose this fee upon owners of singlefamily

houses, complies with the statutory mandate that sewer

fees shall be "uniform and equitable for the same types and

classes of use and service" and the equal protection guarantees

of the United States and New Jersey Constitutions, because the

fee is reasonable designed to reduce the gross disparity in the

contributions to the costs of sewer service derived from real

estate taxes paid by apartment owners and owners of singlefamily

houses. 12-01-11