NJ LEAGUE OF MUNICIPALITIES v. DCA


729 A.2d 21 (1999)

158 N.J. 211

NEW JERSEY STATE LEAGUE OF MUNICIPALITIES; an organization of municipalities; Borough of Elmer, a municipal corporation; Township of Plainsboro, a municipal corporation; City of Paterson, a municipal corporation; George Ferensick, an individual; Absecon City; Alloway Township; Berkeley Heights Township; Berlin Borough; Bernards Township; Bernardsville Borough; Bogota Borough; Boonton Town; Branchburg Township; Buena Vista Township; Burlington City; Califon Borough; Cape May Point Borough; Chatham Borough; Chester Township; Clinton Township; Closter Borough; Collingswood Borough; Colts Neck Township; Cranbury Township; Delaware Township; Dumont Borough; East Brunswick Township; Eastampton Township; Elsinboro Township; Emerson Borough; Englewood Cliffs Borough; Essex Fells Borough; Evesham Township; Fair Lawn Borough; Fairfield Township; Farmingdale Borough; Florham Park Borough; Franklin Township (Hunterdon County); Freehold Township; Frelinghuysen Township; Frenchtown Borough; Gibbsboro Borough; Green Brook Township; Hackensack City; Haddon Township; Haddonfield Borough; Haledon Borough; Hamburg Borough; Hamilton Township (Atlantic County); Hamilton Township (Mercer County); Hampton Township; Harding Township; Hardyston Township; Hazlet Township; Highland Park Borough; Hillsdale Borough; Hopatcong Borough; Keyport Borough; Lafayette Township; Lavallette Borough; Lawrence Township (Cumberland County); Lawrence Township (Mercer County); Lebanon Borough; Lincoln Park Borough; Little Egg Harbor Township; Little Silver Borough; Livingston Township; Lodi Borough; Long Branch City; Lower Alloways Creek Township; Lumberton Township; Mahwah Township; Manalapan Township; Manasquan Borough; Manchester Township; Mannington Township; Middlesex Borough; Millburn Township; Millstone Township; Millville City; Montvale Borough; Montville Township; Moorestown Township; Mount Olive Township; Neptune Township; New Providence Borough; Newton Town; North Brunswick Township; North Caldwell Borough; North Haledon Borough; North Hanover Township; Oakland Borough (Bergen County); Ogdensburg Borough; Old Bridge Township; Old Tappan Borough; Oldmans Township; Oradell Borough; Park Ridge Borough; Parsippany-Troy Hills Township; Paulsboro Borough; Penns Grove Borough; Pennsville Township; Pilesgrove Township; Pine Hill Township; Pittsgrove Township; Plumsted Township; Quinton Township; Ramsey Borough; Randolph Township; Readington Township; Red Bank Borough; Ridgefield Park Village; Ridgewood Village; River Vale Township; Riverdale Borough; Roosevelt Borough; Roseland Borough; Saddle River Borough; Salem City; Sayreville Borough; Scotch Plains Township; Sea Bright Borough; Shrewsbury Borough; South Brunswick Township; South Plainfield Borough; South River Borough; Stafford Township; Stone Harbor Borough; Summit City; Teaneck Township; Tenafly Borough; Upper Freehold Township; Upper Pittsgrove Township; Upper Saddle River Borough; Upper Township; Voorhees Township; Wall Township; Washington Township (Bergen County); Washington Township (Gloucester County); Washington Township (Mercer County); Watchung Borough; Wayne Township; West Amwell Township; West Caldwell Township; West Long Branch Borough; West Windsor Township; Westampton Township; Westfield Town; Westwood Borough; Wildwood City; Wildwood Crest Borough; Woodcliff Lake Borough; Wood-Ridge Borough; Woodstown Borough; Wyckoff Township; Association of Environmental Authorities; Municipal Clerks Association of New Jersey, Inc.; New Jersey Planning Officials, Inc; New Jersey Institute of Municipal Attorneys; New Jersey Municipal Management Association and New Jersey Society of Municipal Engineers, Inc., Appellants-Appellants, v. DEPARTMENT OF COMMUNITY AFFAIRS and Jane M. Kenny, Commissioner, Respondents-Respondents.

Supreme Court of New Jersey.

Decided May 13, 1999.


Attorney(s) appearing for the Case

Stuart R. Koenig, Cedar Grove, for appellants-appellants (Stickel, Koenig & Sullivan, attorneys).

Keith A. Costill, Deputy Attorney General, for respondents-respondents (Peter Verniero, Attorney General of New Jersey, attorney; Mary C. Jacobson, Assistant Attorney General, of counsel).

Thomas F. Carroll, III, Princeton, for amicus curiae, New Jersey Builders Association (Hill Wallack, attorneys).


The opinion of the Court was delivered by STEIN, J.

This appeal presents a challenge to the validity of regulations promulgated by the Department of Community Affairs (DCA) pursuant to the Residential Site Improvement Standards Act, N.J.S.A. 40:55D-40.1 to -40.7. Those regulations establish a uniform set of site improvement standards for residential development. The primary issue before us is whether the standards impermissibly...

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