DAVID v. VESTA CO.


45 N.J. 301 (1965)

212 A.2d 345

DELIA DAVID, COMPLAINANT, AND DIVISION ON CIVIL RIGHTS, DEPARTMENT OF LAW AND PUBLIC SAFETY, STATE OF NEW JERSEY, APPELLANT, v. VESTA COMPANY AND HENRY C. SENGER, JR., JOHN LOWE, JOSEPH T. PANUCCI, AND MRS. ALFRED DAGLE, RESPONDENTS. VINCENT LLOYD HARRIS AND NIRZA HARRIS, INTERVENORS-APPELLANTS (BY LEAVE OF COURT), AND NEW JERSEY COMMITTEE AGAINST DISCRIMINATION IN HOUSING AND EIGHT OTHER INTERVENING ORGANIZATIONS, AMICI CURIAE (BY LEAVE OF COURT), v. COLONIAL HEIGHTS, INC., TOBIAS AGENCY, INC. AND RIVER HEIGHTS, INC., INTERVENORS-RESPONDENTS (BY LEAVE OF COURT). NEW JERSEY HOME BUILDERS ASSOCIATION, ET AL., PLAINTIFFS-APPELLANTS, v. DIVISION ON CIVIL RIGHTS IN THE DEPARTMENT OF LAW AND PUBLIC SAFETY OF THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided June 28, 1965.


Attorney(s) appearing for the Case

No. A-109

Mr. Alan B. Handler, First Assistant Attorney General, argued the cause for the appellant, Division on Civil Rights, Department of Law and Public Safety, State of New Jersey (Mr. Arthur J. Sills, Attorney General of New Jersey, attorney; Mr. Howard H. Kestin, Deputy Attorney General, of counsel and on the brief).

Mrs. Ruth G. Blumrosen, of the Michigan Bar, argued the cause for the New Jersey Committee Against Discrimination in Housing and eight other intervening organizations (Mr. Morton Stavis and Mr. Herbert H. Tate, attorneys; Mrs. Ruth G. Blumrosen on the brief).

Mr. Warren E. Dunn argued the cause for the intervenors-respondents, Colonial Heights, Inc. and Tobias Agency, Inc. (Messrs. Dunn & Ambrose, attorneys; Mr. David M. Sweetwood on the brief).

Mr. Morris M. Schnitzer argued the cause for the intervenors-respondent, River Heights, Inc. (Messrs. Kasen, Schnitzer & Kasen, attorneys; Mr. Waldron Kraemer on the brief).

No. A-126

Mr. W. Louis Bossle argued the cause for the plaintiffs-appellants, New Jersey Home Builders Association, et al.

Mr. Alan B. Handler, First Assistant Attorney General, argued the cause for the defendant-respondent, Division on Civil Rights in the Department of Law and Public Safety of the State of New Jersey (Mr. Arthur J. Sills, Attorney General of New Jersey, attorney; Mr. Morton Anekstein on the brief).


The opinion of the court was delivered by PROCTOR, J.

This opinion involves two separate appeals. Both concern the constitutionality of the housing accommodation sections of the New Jersey Law Against Discrimination (hereafter law), N.J.S.A. 18:25-1 et seq.

The first case had its inception in a complaint filed by Delia David, a Negro, in the Division on Civil Rights, alleging that respondents Vesta Company...

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