The state has decided against challenging a pro-developer ruling that says the Board of Public Utilities can’t deny utility-hookup benefits to builders in areas designated for open space, the Attorney General’s Office says.

The Appellate Division ruled Dec. 30 that the BPU overstepped its authority by invoking a no-growth regulation to reject Centex Homes’ agreement with utilities to fund the cost of hookups for a 555-unit development in Howell.

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