January 1, 1900

by Stephen M. Eisdorfer

There is no general legal doctrine assuring access to sewer or water infrastructure for residential developments that are not inclusionary "Mount Laurel" sites. Nonetheless, sometimes efforts by public entities to block access to essential infrastructure can be overcome. In Tom Jr. Property, Inc. v.Tp. of Readington, a builder represented by Hill Wallack successfully challenged a municipal policy restricting access to the regional sewerage authority's sewer treatment plant to those properties within 100 feet of an existing sewer line. The court held that, under the New Jersey Water Quality Planning Act, where a regional sewerage authority has adopted a wastewater management plan that designates which properties are to be served by public sewers, a municipality has no authority to interpose its own policies.

Stephen M. Eisdorfer is also a partner within the Land Use Division of Hill Wallack. A Member of the Board of Directors of the New Jersey State Bar Association's Land Use Section, he concentrates his practice in land use litigation, including Mount Laurel litigation and litigation involving the civil rights statutes.