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Day Pitney's September 3 appellate victory in a hotly contested case involving the allocation of sewer capacity for property owned by Merck in Readington Township, NJ was featured in a September 5 Law360 article. A three-judge panel of the New Jersey Superior Court's Appellate Division reversed a lower court's ruling that the township improperly denied a real estate developer access to the sewer capacity of Merck and other capacity holders. The panel held that the township was not arbitrary in its denial of unused sewer rights to 388 Route 22 Readington Realty Holdings LLC, agreeing with the township's stance that there was no valid reason to violate capacity contracts with Merck and other companies that had paid for the rights, even though they weren't fully utilized. The appellate court reversed the trial court and dismissed the Complaint against Merck and the other defendants. Day Pitney represented Merck and partner Christopher John Stracco argued the case before the appellate division, with assistance from Jennifer Gorga Capone and Amy Valentine McClelland
The article can be found here.
