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Monday, August 6, 2007

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

07-31-07 A-6495-05T3

We affirm the decision by Judge Lehrer to reject a
challenge by the developer of age-restricted condominium
apartments to the method used to calculate the sewerage
connection fees applicable to the condominium development. In
our opinion, we rely on established precedent to hold that the
Authority's determination to impose the same connection fee both
upon single-family residences and upon age-restricted apartments
does not violate equal protection. We also reject the
developer's argument that the calculation of "service units"
should have taken into account customer communities that had
entered into contracts with the Authority for bulk treatment
services, basing our rejection principally on Judge Lehrer's
reasoning, as set forth in his opinion, which is published along
with ours.