HUTTON PARK GARDENS, A PARTNERSHIP, PLAINTIFF-RESPONDENT, AND HUTTON LAFAYETTE APARTMENTS COMPANY AND ROCKLEDGE REALTY COMPANY, PLAINTIFFS-INTERVENORS,
v.
TOWN COUNCIL OF THE TOWN OF WEST ORANGE AND THE TOWN OF WEST ORANGE, A MUNICIPAL CORPORATION, DEFENDANTS-APPELLANTS. HARVEY J. COSDEN AND JACOB SCHNEIDER, SOLE TRUSTEES, TRADING AS WAYNE TERRACE APARTMENTS; WILSON R. KAPLAN, TRADING AS WAYNE VILLAGE; ESQUIRE ESTATES, INC., A NEW JERSEY CORPORATION; POVERSHON CONSTRUCTION COMPANY, A NEW JERSEY CORPORATION, AND SOUTHFIELD HOMES, INC., A NEW JERSEY CORPORATION, ALL TRADING AS MANCHESTER VILLAGE, PLAINTIFFS-APPELLANTS,
v.
TOWNSHIP OF WAYNE, A MUNICIPAL CORPORATION AND MUNICIPAL COUNCIL OF THE TOWNSHIP OF WAYNE, DEFENDANTS-RESPONDENTS.
The Supreme Court of New Jersey.https://leagle.com/images/logo.png
Argued May 27, 1975.
Decided December 11, 1975.
Attorney(s) appearing for the Case
Mr. James A. Ospenson argued the cause on behalf of defendants-appellants Town Council of the Town of West Orange and The Town of West Orange.
Mr. Sheppard A. Guryan argued the cause on behalf of plaintiffs-respondents, Hutton Park Gardens, and on behalf of plaintiffs-appellants, Harvey J. Cosden, et al., (Messrs. Lasser, Lasser, Sarokin & Hochman, attorneys).
Mr. Paul A. Rowe argued the cause on behalf of plaintiffs-intervenors, (Mr. Charles Applebaum, on the brief; Messrs. Greenbaum, Greenbaum, Rowe & Smith, attorneys).
Mr. Robert S. Moraff argued the cause on behalf of defendants-respondents Township of Wayne and Municipal Council of the Township of Wayne.
Mr. Murray J. Laulicht argued the cause for amicus curiae Apartment Management Company in A-171 only, (Messrs. Laulicht and Gregory B. Reilly on the brief; Messrs. Lowenstein, Sandler, Brochin, Kohl & Fisher, attorneys).
Mr. Richard F. Aronsohn argued the cause for amicus curiae New Jersey Builders Association and Apartment House Council of New Jersey Builders Association, (Messrs. Aronsohn and Robert J. Schmitt, Jr. on the brief; Messrs. Aronsohn, Kahn & Springstead, attorneys).
Mr. Kenneth E. Meiser, Assistant Deputy Public Advocate argued the cause for amicus curiae New Jersey Public Advocate, (Messrs. Meiser and Howard H. Sims on the brief, Mr. Stanley C. Van Ness, Public Advocate, Division of Public Interest Advocacy, attorney).
Mr. Laurence B. Orloff submitted a brief on behalf of amicus curiae Leone Management Corporation, et al., (Messrs. Hannoch, Weisman, Stern & Besser, attorneys).
The Supreme Court of New Jersey.
The opinion of the Court was delivered by PASHMAN, J.
Having held that regulation of rents is within the powers delegated by the Legislature to municipalities under N.J.S.A. 40:48-2, Inganamort v. Fort Lee,62 N.J. 521 (1973), this Court is now presented with various questions concerning when and how municipalities may exercise that power.
West Orange adopted a rent control ordinance, No. 247-72, in October 1973...
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