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New Jersey Appellate Court Rules Municipality is not Responsible for Water Lines, Within a Private Community, Situated in Private Property

By David J. Byrne

A Montclair, New Jersey Condominium lost its bid to force Montclair to maintain and otherwise care for the water lines between the public right of way along the public roads inside the condominium, and the relevant shut off valves.  A 'curb box' is the housing of an underground shut-off valve linking the main water lien to the service lines which, in turn, are linked to each dwelling.  Typically, curb boxes are located on a public right-of-way or as close to it as possible.  Traditionally, a municipality is responsible for the lines from the water main to the box and the property owner is responsible from the curb box to the dwelling.  As is far too often the case, this condominium's developer made a mistake, and placed the curb boxes away from the right-of-way and within the property of the owner.  Montclair permitted this error during the development stage and had no inspection reports relating to same.
 

Years after the condominium's development Montclair agreed to assume responsibility for the mains, sewer main and the fire hydrants on the condominium's property.  The water service lines were neither discussed nor addressed in the resulting agreement between Montclair and the condominium.  The relevant Montclair ordinance provided that the "consumer is responsible for the service from the shut off valve at the street to the structure, except for the meter, and that "such sanitary and water lines and service" were incorporated into Montclair's "overall municipal delivery system of such utilities."  Montclair argued that this ordinance was not intended to make itself responsible for the residential service lines.
 

The court first rejected the condominium's assertion that the ordinance required Montclair to maintain pipes running between the main line and the curb box, regardless of where the curb box is.  The most reasonable interpretation of the ordinance though was that Montclair's delineation is not curb box location, etc. but public and private land.  The ordinance did not require that Montclair maintain its service lines up the curb box without regard for the curb box's location. 
 

Lastly, the court rejected the condominium's argument that public policy demanded Montclair be responsible for the Association's water lines and that Montclair's failure to do constituted unlawful discrimination.  The Association argued that Montclair provides water service and maintains water lines throughout Montclair and that it cannot deny the condominium.  The condominium believed "services" included maintenance of water lines to the curb box.  The court, however, found that Montclair had never been inconsistent.  Its consistent service policy and maintaining water lines up to the public/private property line, whereupon homeowners are responsible for any maintenance on their own land.  While, the court felt, this "normally coincides with the curb box" where "it does not, Montclair's obligation terminates at the private property line."
 

This case helps to further reiterate to New Jersey's condominiums that municipalities are afforded broad discretion in their treatment of a private community's infrastructure - and that the standard "public land versus private land" distinction is often validated by our courts.

Full post as published by New Jersey Law Blog on May 10, 2010 (boomark / email).