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APT. HOUSE COUN. v. MAYOR & COUN., RIDGEFIELD

123 N.J. Super. 87 (1973)

301 A.2d 484

APARTMENT HOUSE COUNCIL, AN AFFILIATE OF THE NEW JERSEY BUILDERS ASSOC., A CORPORATION OF THE STATE OF NEW JERSEY, AND ROBERT RODRIGUEZ, PLAINTIFFS, v. MAYOR AND COUNCIL OF THE BOROUGH OF RIDGEFIELD, THE BOROUGH OF RIDGEFIELD, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, THE DEPARTMENT OF HEALTH OF THE BOROUGH OF RIDGEFIELD, AND THE RIDGEFIELD MULTIPLE DWELLING EMERGENCY COMMISSION, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided February 27, 1973.

Attorney(s) appearing for the Case

Mr. Richard W. Kracht for plaintiffs Apartment House Council and Robert Rodriguez (Messrs. Hutt and Berkow, attorneys; Mr. Richard W. Kracht on the brief).

Mr. Michael L. Scherby for defendants Mayor, Council, and Department of Health of the Borough of Ridgefield and The Ridgefield Multiple Dwelling Emergency Commission.

Mr. Steven Helterman, amicus curiae, for the State Office of Legal Services and the Legal Services Housing Task Force (Messrs. Steven Helterman, Gerard J. Clark, Richard E. Blumberg and Ms. Delores Mastro on the brief).

PASHMAN, A.J.S.C.

Plaintiff Apartment House Council is a New Jersey corporation consisting of builders who own and operate apartments, as does plaintiff Rodriguez in the defendant Borough of Ridgefield.

Plaintiffs challenge the constitutionality of a 1972 ordinance of said borough which requires owners of multiple dwellings to post security with a Multiple Dwelling Emergency Commission (hereinafter Commission) established for this purpose. The Commission is...

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