Kevin J. Coakley, a senior partner in Connell Foley’s Real Estate and Land Use Group, authored the article “BPU 2015 Revised Rules Eliminate Smart-Growth Service Extension Distinction” for the March 7, 2016 issue of the New Jersey Law Journal. On Dec. 21, 2015, the Board of Public Utilities' (BPU) revised Main Extension Rules became effective, thereby eliminating the distinction between extensions of service in "smart growth" areas and areas not designated for growth. Since 2005, the BPU had used this distinction to determine whether a developer could receive a reimbursement for utility service extension costs. In addition to allowing refunds for service extensions in non-smart-growth areas, the 2015 revised regulations create a mechanism for refunds for the period 2005-2009. To read the full article, please click here.
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