Furthermore, at the time the McMenamins purchased the premises they had no knowledge or notice of such unpaid charges. It is not disputed that the McMenamins did not contract for such water and sewer services during the years in question, nor were they owners or occupants of the premises when the services were provided. Two years later, on October 20, 1967, the purchasers received a letter from the Evesham Municipal Utilities Authority advising them that the prior owners had not paid the water and sewer bills for the years 1963, 1964 and part of 1965, in the sum of $160.74, and stating that subsequent purchasers were responsible for the payment of such charges. Before making settlement the purchasers employed a title company for the purpose of obtaining a tax search pertaining to the premises, which search dated July 22, 1965, did not reveal any recorded lien with respect to the water and sewer charges. They acquired title to these premises on Augby a deed from Evesborough West Corporation for a purchase price in the amount of $13,990. McMenamin are the present owners of the premises known as 25 Princess Avenue, in Evesham Township, New Jersey. The relevant facts are undisputed and are set forth below.ĭefendant Evesham is a municipal utilities authority established pursuant to N.J.S.A. This matter involves cross-motions for summary judgment in order to determine whether, under New Jersey law, a municipal utilities authority has the *163 power to shut off the water supply to an owner's premises in order to compel the payment of arrears due from a former owner. Superior Court of New Jersey, Chancery Division. 14B-4, 5 AND 6, IN THE TOWNSHIP OF EVESHAM, BURLINGTON COUNTY, NEW JERSEY, DEFENDANT. McMENAMIN, HIS WIFE, PLAINTIFFS,ĮVESHAM MUNICIPAL UTILITIES AUTHORITY, A PUBLIC BODY CORPORATE AND POLITIC UNDER N.J.S.A.
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