Public Service Electric and Gas Company v. Town of Westfield
A-3602-22
N.J. Super. Ct. App. Div.Apr 14, 2025Background
- PSE&G, New Jersey's largest electric utility, sought to upgrade utility poles in Westfield as part of a federally regulated, statewide reliability project.
- Westfield adopted Ordinance 2022-04, restricting the height and placement of utility poles, requiring permits, and providing for limited exemptions.
- PSE&G filed suit, arguing the ordinance was preempted by state law regulating utilities; both parties moved for summary judgment.
- The trial court granted summary judgment to PSE&G, invalidating portions of Westfield's ordinance as preempted by state law (Chapter 48 N.J.S.A.).
- On appeal, Westfield challenged both the legal test applied and the propriety of summary judgment on factual grounds.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether state law preempts Westfield's ordinance restricting utility pole installation | PSE&G: State law preempts local regulation of utility pole height and placement where project is multi-jurisdictional | Westfield: Its ordinance is valid, not preempted; PSE&G should comply or seek an exemption | Preemption applies; state law controls |
| Whether facial or as-applied challenge is relevant | PSE&G: Only preemption, not constitutionality, is at issue; type of challenge irrelevant | Westfield: Trial court used wrong legal test (as-applied vs. facial) | Challenge type irrelevant to preemption |
| Whether summary judgment was improper due to supposed factual dispute on the route’s necessity | PSE&G: Route issue not before court, not germane to preemption | Westfield: Factual dispute on route necessity precludes summary judgment | Not relevant to preemption; summary judgment affirmed |
| Whether historic contractual rights reserved local control | PSE&G: Historic agreements do not supersede statutory preemption | Westfield: Early 1900s contract & legislation reserve regulatory powers to town | Historic contract insufficient to override statutory preemption |
Key Cases Cited
- In re Public Service Electric & Gas Co., 35 N.J. 358 (N.J. 1961) (municipalities cannot regulate utility installations serving more than local residents; state preemption)
- In re Valley Rd. Sewerage Co., 295 N.J. Super. 278 (App. Div. 1996) (public utilities must provide safe, adequate service statewide)