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SALVATION ARMY v. N.J. DEPT. OF COMMUNITY AFFAIRS

No. 89-5705.

919 F.2d 183 (1990)

SALVATION ARMY (The), Appellant, v. DEPARTMENT OF COMMUNITY AFFAIRS OF the STATE OF NEW JERSEY, John P. Renna, Commissioner of the Department of Community Affairs of the State of New Jersey, Charles Mysak, Supervisor of Enforcement, Bureau of Rooming and Boarding House Standards of the Department of Community Affairs of the State of New Jersey, and Bonnie Watson Carter, Chief, Bureau of Rooming and Boarding House Standards of the Department of Community Affairs of the State of New Jersey.

United States Court of Appeals, Third Circuit.

Decided November 5, 1990.

Attorney(s) appearing for the Case

William J. Moss, Michael G. Dolan (argued), Cadwalader, Wickersham & Taft, New York City, Peter M. Burke, Young, Rose & Millspaugh, P.C., Roseland, N.J., for appellant.

Peter N. Perretti, Jr., Atty. Gen. of N.J., Mary C. Jacobson, Deputy Atty. Gen., John J. Chernoski (argued), Deputy Atty. Gen., Trenton, N.J., for appellees.

Before SLOVITER, BECKER, and STAPLETON, Circuit Judges.

OPINION OF THE COURT

STAPLETON, Circuit Judge:

In this action The Salvation Army ("TSA") seeks an exemption from the requirements of the New Jersey Rooming and Boarding House Act of 1979, N.J.S.A. 55:13B-1 et seq. ("the Act"), and the regulations promulgated thereunder. After the defendants, consisting of the agency, bureau, and individuals responsible for enforcement of the Act, agreed to grant an exemption to TSA with respect to a number of provisions...

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