INGANAMORT v. BOROUGH OF FORT LEE


72 N.J. 412 (1977)

371 A.2d 34

JOHN F. INGANAMORT, ET AL., PLAINTIFFS-RESPONDENTS, v. BOROUGH OF FORT LEE, MAYOR AND COUNCIL OF BOROUGH OF FORT LEE AND RENT LEVELING BOARD OF THE BOROUGH OF FORT LEE, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided March 2, 1977.


Attorney(s) appearing for the Case

Mr. Armand Pohan argued the cause for appellants (Messrs, Fuchs and Altschul, attorneys for appellant Rent Leveling Board of the Borough of Fort Lee and Messrs. McCarter and English, attorneys for appellants Borough of Fort Lee and Mayor and Council of Borough of Fort Lee; Mr. Pohan of counsel; Mr. William T. Reilly on the joint brief).

Mr. Richard F. Aronsohn argued the cause for respondents John F. Inganamort, Michael J. Inganamort, LaSalle 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 (Messrs. Aronsohn, Kahn and Springstead, attorneys; Mr. Aronsohn of counsel; Mr. Robert J. Schmitt, Jr. on the brief).

Mr. Francis B. Rusch argued the cause for respondents Helmsley-Spear, Inc. and Alexander Summer, Inc.


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

This case presents a novel issue in this Court: whether a municipal ordinance may be extended by resolution of the community's governing body where this procedure is explicitly called for in the enactment.

The challenges in this case involve Fort Lee ordinances No. 72-1 and No. 74-26. The former was enacted by the Borough of Fort Lee in 1972 and is entitled "An...

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