JULY 15, 2015, 2:19 PM LAST UPDATED: WEDNESDAY, JULY 15, 2015, 2:23 PM
BY CHRIS HARRIS
STAFF WRITER |
THE RECORD
Years-long litigation against Ridgewood Water must be decided by a Superior Court judge, a state appeals court ruled on Wednesday.
The Appellate Division of New Jersey’s Superior Court reversed a trial judge’s 2014 decision transferring the suit to the Board of Public Utilities for resolution.
In a 25-page ruling, the Superior Court Appellate Division remanded the matter back to the trial court, noting “this is not a case requiring the particular expertise associated with the jurisdiction of the BPU.”
Ridgewood Mayor Paul Aronsohn declined to comment Wednesday, citing the ongoing nature of the litigation.
The class action lawsuit was filed against Ridgewood Water in Superior Court by Wyckoff officials in 2010, with the municipalities of Glen Rock and Midland Park joining the action as plaintiffs a year later.
The lawsuit alleges the water utility raised its rates in 2010 by 21 percent and that rates further rose 5 percent in 2011 and 2012.
The suit contends the rate hikes were approved in an ordinance adopted by the village council, and characterizes the increases as “arbitrary, capricious and unreasonable and, accordingly, should be declared invalid and unenforceable.”