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WAGNER v. NEWARK

24 N.J. 467 (1957)

132 A.2d 794

GEORGE J. WAGNER AND PROPERTY OWNERS PROTECTIVE ASSOCIATION, A CORPORATION OF NEW JERSEY, PLAINTIFFS-APPELLANTS, v. THE MAYOR AND THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided June 10, 1957.

Attorney(s) appearing for the Case

Mr. Harry Weltchek argued the cause for the appellants (Messrs. Weltchek & Weltchek, attorneys).

Mr. Jacob M. Goldberg argued the cause for the respondents (Mr. Vincent P. Torppey, corporation counsel, attorney; Mr. Joseph A. Ward, on the brief).

Messrs. Leon S. Milmed, James Rosen and Ralph P. Messano filed a brief on behalf of City of Jersey City (Mr. James A. Tumulty, Jr., attorney), Township of Weehawken (Messrs. Milmed & Rosen, attorneys), Town of West New York (Mr. Samuel L. Hirschberg, attorney), and City of Hoboken (Mr. Robert F. McAlevy, Jr., attorney) as amici curiae.

The opinion of the court was delivered by VANDERBILT, C.J.

The plaintiffs brought this action to enjoin the enforcement of an ordinance adopted by the City of Newark controlling rents and for a judgment declaring the ordinance invalid and unconstitutional. On their motion for summary judgment in the Law Division of the Superior Court the ordinance was upheld and judgment granted in favor of the defendants, 42 N.J.Super. 193

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