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INGANAMORT v. BOR. OF FORT LEE

120 N.J. Super. 286 (1972)

293 A.2d 720

JOHN F. INGANAMORT, MICHAEL J. INGANAMORT, LA SALLE CONTRACTING CORP., A JOINT VENTURE TRADING AS MEDITERRANEAN TOWERS, ALEXANDER SUMMER, TRUSTEE UNDER LINWOOD BUILDINGS NO. 1 THROUGH 13, ROBERT SLATER AND BRUCE SLATER, A PARTNERSHIP TRADING AS SLATER ASSOCIATES, HARRY B. HELMSLEY AND ALVIN SCHWARTZ, GENERAL PARTNERS OF A LIMITED PARTNERSHIP TRADING AS HORIZON HOUSE ASSOCIATES, AND FORT LEE TAXPAYERS AND PROPERTY OWNERS COMMITTEE, PLAINTIFFS, v. BOROUGH OF FORT LEE, MAYOR OF BOROUGH OF FORT LEE AND COUNCIL OF BOROUGH OF FORT LEE, DEFENDANTS. FORT LEE HOMEOWNERS ASSOCIATION OPPOSED TO RENT CONTROL, PLAINTIFFS, v. BOROUGH OF FORT LEE, MAYOR OF BOROUGH OF FORT LEE AND COUNCIL OF BOROUGH OF FORT LEE, DEFENDANTS. CONTINENTAL GARDENS, INC., A NEW JERSEY CORPORATION, NANSEN RIVER EDGE, INC., A NEW JERSEY CORPORATION, AND VAN BUREN, INC., A NEW JERSEY CORPORATION, PLAINTIFFS, v. MAYOR AND COUNCIL OF THE BOROUGH OF RIVER EDGE AND THE BOROUGH OF RIVER EDGE, A MUNICIPAL CORPORATION, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided June 26, 1972.

Attorney(s) appearing for the Case

Mr. Clive S. Cummis, for plaintiffs John F. Inganamort, et al. (Messrs. Sills, Beck, Cummis, Radin & Tischman, attorneys; Mr. Richard Newman and Mr. Jay L. Hundertmark on the brief).

Mr. Patrick J. Tansey, for plaintiff Fort Lee Homeowners Association Opposed to Rent Control.

Mr. Sheppard A. Guryan, for plaintiffs Continental Gardens, Inc. et al. (Messrs. Lasser, Lasser, Sarokin and Hochman, attorneys).

Mr. William V. Breslin, for defendants Borough of Fort Lee, et al. (Messrs. Breslin & Monaghan, attorneys).

Mr. Ned J. Parsekian, for defendants Mayor and Council of Borough of River Edge et al. (Messrs. Parsekian & Ferro, attorneys).

PASHMAN, A.J.S.C.

Two complaints have been filed challenging the constitutionality of the defendant municipalities' recently adopted ordinances which seek to establish rent leveling systems designed to curtail the popularly labeled practice of "rent gouging" (the exacting of exorbitant rents through excessive rent increases).

Essentially, River Edge and Fort Lee, in response to public despair over the dwindling housing supply and the attendant sky-rocketing...

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