STONEHURST AT FREEHOLD v. TP. COMM, TP. FREEHOLD


139 N.J. Super. 311 (1976)

353 A.2d 560

STONEHURST AT FREEHOLD, SECTION ONE, INC.; STONEHURST AT FREEHOLD, SECTION TWO, INC.; STONEHURST AT FREEHOLD, SECTION THREE, INC.; STONEHURST AT FREEHOLD, SECTION FOUR, INC.; AND J.D. MANAGEMENT CORPORATION, NEW JERSEY CORPORATIONS, PLAINTIFFS, v. TOWNSHIP COMMITTEE OF THE TOWNSHIP OF FREEHOLD AND THE TOWNSHIP OF FREEHOLD IN THE COUNTY OF MONMOUTH, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided February 4, 1976.


Attorney(s) appearing for the Case

Mr. John R. Orlovsky for plaintiffs (Messrs. Giordano & Halleran, attorneys).

Mr. John A. Kaye for defendants (Messrs. Kaye & Davison, attorneys).


LANE, A.J.S.C.

In this action plaintiffs challenged the validity of a rent leveling ordinance enacted by defendant. The only issue remaining in the case after the grant of partial summary judgment was whether a housing emergency existed at the time of the adoption of the ordinance.

On September 9, 1975 representatives of plaintiffs met with the township committee in an executive meeting. At that meeting three of the five-member committee agreed to enact an...

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