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A Colossal Inter-Municipality Contract Dispute for the Supreme Court


The Supreme Court announced that it has granted certification in Jersey City Municipal Utilities Auth. v. Town of Dover. The question presented, as phrased by the Supreme Court Clerk’s office, is “Do the 1971 settlement agreement and the 1984 amendment to that settlement agreement constitute an unlawful perpetual municipal contract without a finite endpoint, are they void as against public policy and the Clean Water Act, and are they terminated if the capacity of the Rockaway Valley Regional Sewerage Authority treatment plant expands beyond twelve million gallons per day?”

The Law Division rejected both the claims of plaintiffs and the counterclaims of defendants on summary judgment. In an unpublished opinion by a three-judge panel, the Appellate Division affirmed in all respects.